Sage v. Crosby
Appellate Terms of the Supreme Court of New York
Appeal from a final order, in summary proceedings, of the Municipal Court of the city of Eew York, ninth district, borough of Manhattan.
1Per curiam
The Code provisions as to a dismissal, where title to real property is involved, relate exclusively to actions, not to proceedings, and such a defense does not oust a Municipal Court justice of jurisdiction in summary proceedings. Quinn v. Quinn, 46 App. Div. 241. The final order made below must, therefore, be reversed. Counsel for the appellants is mistaken in his contention that a counterclaim cannot be interposed by a tenant in a summary proceeding. While section 1359 of the Consolidation Act (Laws 1882, chap. 410) does not give such a right, yet section 2244 of the Code of Civil…
2Cases cited1 opinion
- Quinn v. QuinnAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by8 opinions
- Hett v. LangeAppellate Division of the Supreme Court of the State of New York · 1910
- Jefferson Real Estate Co. v. M. L. Hiller & SonsAppellate Terms of the Supreme Court of New York · 1902
- Shotland v. MulliganAppellate Terms of the Supreme Court of New York · 1908
- Bennett v. Orange State Oil CompanySupreme Court of Florida · 1946
- Flegenheimer v. DreyerAppellate Division of the Supreme Court of the State of New York · 1902
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