People Ex Rel. H.D.H. Realty Corporation v. . Murphy
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1920, which reversed an order of Special Term granting a motion for á peremptory writ of man-damns to compel defendant to issue to relator a warrant to execute a final order in summary proceedings to evict from premises belonging to relator a tenant who held over after the expiration of his term.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1920, which reversed an order of Special Term granting a motion for á peremptory writ of man-damns to compel defendant to issue to relator a warrant to execute a final order in summary proceedings to evict from premises belonging to relator a tenant who held over after the expiration of his term. The petition showed that in a proceeding in the Municipal Court a final order had been made awarding possession of the premises to the landlord on the ground that the tenant’s…
1Opinion of the Court
Order affirmed, with costs, on opinion of Pound, J., in People ex rel. Durham Realty Corp. v. La Fetra (230 N. Y. 429).
Concur: His cock, Ch. J., Hogan, Cardozo, Pound and Andrews, JJ.; Crane, J., concurs in result on opinion in Guttag v. Shatzkin (230 N. Y. 647); McLaughlin, J., dissents on dissenting opinion in Levy Leasing Co. v. Siegel (230 N. Y. 634).
2Cases cited3 opinions
- People Ex Rel. Durham Realty Corp. v. La FetraNew York Court of Appeals · 1921
- Edgar A. Levy Leasing Company, Inc. v. . SiegelNew York Court of Appeals · 1921
- Guttag v. . ShatzkinNew York Court of Appeals · 1921
3Cited by10 opinions
- Whitmarsh v. FarnellNew York Court of Appeals · 1949
- MATTER OF CHRYSLER PROPS. v. MorrisNew York Court of Appeals · 1969
- Whitmarsh v. FarnellAppellate Division of the Supreme Court of the State of New York · 1948
- Cohen v. StarkeAppellate Division of the Supreme Court of the State of New York · 1945
- Lipkis v. PikusCivil Court of the City of New York · 1983
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