Legal Opinion
Joseph v. Cheeseboro
Appellate Terms of the Supreme Court of New York
Decided July 9, 1964PublishedCited by 14 opinions
1Per curiam
Special Term, on conflicting affidavits on the motion before it, summarily vacated the final order granted by another Justice after trial. No hearing was held by Special Term to determine whether the alleged tender of the admittedly unpaid rent had been made before issuance of the warrant. Such a hearing should have been held for if no such tender had been made, the warrant, as issued, was a lawful mandate (see Matter of Vaile v. Moritt, 222 N. Y. S. 2d 290), and therefore Special Term exceeded its powers to act in the situation presented.
The order dated April 5, 1964 should be reversed, with…
2Cited by14 opinions
- New York City Housing Authority v. TorresAppellate Division of the Supreme Court of the State of New York · 1978
- Bucknell Leasing Corp. v. Darwin (In Re Darwin)United States Bankruptcy Court, E.D. New York · 1982
- 300 West Realty Co. v. WoodCivil Court of the City of New York · 1971
- People v. StadtmoreAppellate Division of the Supreme Court of the State of New York · 1976
- Korenman v. Barr (In Re Richards Pontiac, Inc.)United States Bankruptcy Court, E.D. New York · 1980
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