People ex rel. Rayland Realty Co. v. Fagan
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Rayland Realty Co., Inc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 19th day of October, 1920, denying its motion for a peremptory writ of mandamus directed to the defendant, as clerk of the Municipal Court of the City of New York, commanding him to issue to the relator a warrant to execute a final order in summary proceedings granted the relator by the…
Read the full summary
Appeal by the relator, Rayland Realty Co., Inc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 19th day of October, 1920, denying its motion for a peremptory writ of mandamus directed to the defendant, as clerk of the Municipal Court of the City of New York, commanding him to issue to the relator a warrant to execute a final order in summary proceedings granted the relator by the Municipal Court to evict from the relator’s premises a tenant who held over after the expiration of his term.
1Opinion of the Court
Jenks, P. J.:
The relator acquired premises subject to a lease to Reines which expired on April 30, 1920. It instituted a summary proceeding in the Municipal Court against Reines as a hold-over. The proceeding was heard on May 7, 1920, and a final order was made for possession but staying the warrant to August 1, 1920. That order was amended on August 2d by stipulation extending the stay until October 1, 1920, on condition of no further stay. On October 4, 1920, the relator applied to this defendant as clerk of the Municipal Court for a warrant in execution of the final order. But as chapter…
2Cases cited28 opinions
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Manigault v. SpringsSupreme Court of the United States · 1905
- Union Dry Goods Co. v. Georgia Public Service Corp.Supreme Court of the United States · 1919
23 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Matter of Tartaglia v. McLaughlinNew York Court of Appeals · 1948
- Loretto v. Teleprompter Manhattan CATV Corp.New York Court of Appeals · 1981
- Gordon & Gordon v. Madavin, Ltd.Appellate Terms of the Supreme Court of New York · 1981
- Cohen v. StarkeAppellate Division of the Supreme Court of the State of New York · 1945
- Glass v. Bd. of Com. Coun. of City of FrankfortCourt of Appeals of Kentucky (pre-1976) · 1936
23 more not listed; retrieve them via the Exa API.