Ettinger v. Wilke

The motion in this case raises issues which require discussion, if for no other reason than to point out to counsel that in challenging or defending procedure followed in a Civil Court action, reference should be made to the provisions-of the New York City Civil Court Act (which neither attorney has cited in the briefs).

Respondent, who appeared and filed an answer in this summary proceeding for the nonpayment óf rent, failed to appear on the trial date. A final judgment was entered against him awarding petitioner the amount of rent due and the possession of the premises with a five-day stay…