Legal Opinion

People Ex Rel. Rayland Realty Company, Inc. v. . Fagan

New York Court of Appeals

Decided March 8, 1921PublishedCited by 23 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 7, 1920, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus 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 second judicial department, entered December 7, 1920, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus 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 relator acquired premises subject to a lease to one Reines which expired on April 30, 1920. The relator instituted a summary proceeding in the Municipal Court against Reines as…

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: Hiscock, 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

  1. People Ex Rel. Durham Realty Corp. v. La FetraNew York Court of Appeals · 1921
  2. Edgar A. Levy Leasing Company, Inc. v. . SiegelNew York Court of Appeals · 1921
  3. Guttag v. . ShatzkinNew York Court of Appeals · 1921

3Cited by23 opinions

  1. Matter of Tartaglia v. McLaughlinNew York Court of Appeals · 1948
  2. Loretto v. Teleprompter Manhattan CATV Corp.New York Court of Appeals · 1981
  3. Gordon & Gordon v. Madavin, Ltd.Appellate Terms of the Supreme Court of New York · 1981
  4. Cohen v. StarkeAppellate Division of the Supreme Court of the State of New York · 1945
  5. People v. BanksNew York City Magistrates' Court · 1938

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