Mann v. Hefter
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Summary proceedings by Alexander Mann against Ike Hefter. From a Municipal Court order denying defendant’s motion to vacate and set aside a final order in summary proceedings and to open defendant’s default, he appeals.
1Opinion of the CourtLehman, J.
The landlord has obtained a final order in summary proceedings after an inquest. When the case was called on the *664day calendar, a clerk of the tenant’s attorney presented an affidavit that the attorney was about to argue a cause upon the day calendar of the Appellate Division to be called on the same day at 10 a. m. Nevertheless the case was sent to a part for trial and an inquest taken. Thereafter the tenant moved to open his default, and appeals from the order denying the motion.
[1] The rules of the Supreme' Court and the City Court require that under the circumstances disclosed the cause…
2Cited by3 opinions
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