Lex-56th Corp. v. Morgan

In this summary proceeding for nonpayment of rent instituted on February 11, 1960, the landlord seeks to recover possession of the premises and a judgment in the sum of $440, representing rental for the months of January and February, 1960 at the rate of $220 per month pursuant to an alleged written lease. The tenant surrendered possession on February 29,1960, and this fact usually renders the question of possession moot. Where the tenant surrenders possession, that, ipso facto, does not oust this court from jurisdiction over this proceeding. The petitioner is permitted to continue the…