Tiernan v. Davenport
Appellate Terms of the Supreme Court of New York
Appeal by tenants from a final order of the Municipal Court of the city of New York, made in summary proceedings, in favor of the landlord and upon the tenants’ default.
1Opinion of the CourtFreedman, P. J.
This is a motion to set aside a final order made in summary proceedings in favor of the landlord and against the tenants, entered upon their default for failure to appear at the time to which the trial had been adjourned after issue joined. This motion comes up with an appeal taken from the order aforesaid, and is made upon the ground that manifest injustice has been done to the tenants. This practice is provided for by section 3064 of the Code of Civil Procedure, made applicable to Municipal Courts by section 1367 of the charter (Laws of 1897, chap. 378). Campbell v. Lumley, 24 Misc. Rep.…
2Cases cited1 opinion
- Campbell v. LumleyAppellate Terms of the Supreme Court of New York · 1898