Mitnacht v. Cocks
New York City Court
Trial without a jury. The above named George M. Mittnaeht instituted summary proceedings under the statute, to recover the possession of premises No. 129 Fifth avenue; in the city of New York.
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Trial without a jury. The above named George M. Mittnaeht instituted summary proceedings under the statute, to recover the possession of premises No. 129 Fifth avenue; in the city of New York. The petitioner claims such possession as the purchaser at a sheriff’s sale of all the right, title and interest of Lydia C. Cocks, a judgment debtor of, in and to two certain leases, to wit: 1. One made by Mary A. Kieff to the said Lydia 0. Cocks of the aforesaid premises, No. 129 Fifth avenue, and of the furniture therein, for the term of eight months, commencing September 1, 1882, and terminating May…
1Opinion of the CourtMcAdam, J.
The leasehold interests of the judgment debtor were levied upon, advertised and sold as if they were personal property. This was probably legal (Allen on Sheriff's, 159). Having been advertised and sold as “ chattel ” interests they must be so regarded for all purposes in subsequent proceedings founded upon the sale. The statute invoked by the petitioner is entitled “ Summary proceedings to recover the possession of real property,” and section 2232 of the Code, under which the present proceeding was instituted provides * * * “that a person who holds over and continues in *86possession of real…
2Cases cited1 opinion
- Bigelow v. FinchNew York Supreme Court · 1853