Greene v. Geiger
Appellate Division of the Supreme Court of the State of New York
Appeal from municipal court. Summary proceeding by Headley M. Greene against Elizabeth Geiger to recover possession of real property purchased by plaintiff at foreclosure sale. From a final order for recovery of possession, defendant appeals. Reversed.
1Opinion of the CourtCullen, J.
This proceeding was instituted by the purchaser at a sale on a judgment in a foreclosure action to remove a tenant in possession of the mortgaged premises, who had been made a party to the action. These proceedings are statutory, in derogation of the common law, and there is no jurisdiction to entertain them except in the cases provided by statute. Benjamin v. Benjamin, 5 N. Y. 383. Whatever may have been the case under the act of 1874 (chapter 208), now, by the express terms of subdivision 2 of section 2232 of the Code of Civil Procedure, the remedy of summary proceedings is confined to…
2Cases cited2 opinions
- Benjamin v. . BenjaminNew York Court of Appeals · 1851
- State ex rel. Dewey v. BurdickNew York Supreme Court · 1889