Legal Opinion

Bierman v. Werstein

Appellate Terms of the Supreme Court of New York

Decided May 15, 1911PublishedCited by 2 opinions

Appeal by the defendant from a judgment of the Municipal 'Court of the city of New York, 'borough of Manhattan, second district, rendered in favor of the plaintiff.

1Opinion of the CourtLehman, J.

The plaintiff has recovered judgment in an action for forcible entry and detainer. The plaintiff showed at .the trial that the trespass was accompanied by such force and putting in fear of personal violence as would authorize the award of treble damages if the Municipal Court had jurisdiction to award such damages.

While the Municipal Court Act does not specifically confer jurisdiction to try/actions under section 1669 of the Code, *30it does confer jurisdiction in actions for -trespass and in “ civil -actions or proceedings of which "x" * * justices of the peace had jurisdiction on the…

2Cases cited2 opinions

  1. Waterbury v. DeckelmannAppellate Division of the Supreme Court of the State of New York · 1900
  2. Spitzer v. KorminskyAppellate Terms of the Supreme Court of New York · 1906

3Cited by2 opinions

  1. Billig v. Nelson Properties, Inc.City of New York Municipal Court · 1938
  2. Post v. LevitanCity of New York Municipal Court · 1914

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