Ross v. New York City Baptist Mission Society
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a final order in summary proceedings awarding the delivery of the possession of certain premises to the petitioner,- made 'by the justice of the District -Court in the city of New York, for the fourth judicial district, upon a trial had without a -jury.
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Appeal by the defendants from a final order in summary proceedings awarding the delivery of the possession of certain premises to the petitioner,- made 'by the justice of the District -Court in the city of New York, for the fourth judicial district, upon a trial had without a -jury. These proceedings were instituted to regain the possession of the premises known.as No. 162 Second avenue in'the city of New York, and .also known as the Ghurch House of the’ Tabernacle Baptist Ohurch, claimed to have been forcibly entered- upon by the defendants, and who, it is-further claimed, forcibly held the…
1Opinion of the CourtGiegerich, J.
In view of the conclusion reached in Potter v. New York City Baptist - Mission Society,- ante p. 6Í1, it is manifest .that the allegations of. the petition herein touching the interest of the applicant ¡in the premises were wholly insufficient to confer jurisdiction of the subject-matter.'
The averment contained in the petition that the applicant is “ a lessee of the premises * ■ * * under an agreement made between her and the trustees 'of the said Tabernacle Baptist Ohurch by the (terms of which agreement your petitioner duly leased from the said Tabernacle Baptist Church the aforesaid…
2Cases cited2 opinions
- Schneider v. LeitzmanNew York Supreme Court · 1890
- Fuchs v. CohenNew York Court of Common Pleas · 1892
3Cited by3 opinions
- Fitzgerald v. WashingtonCivil Court of the City of New York · 1975
- Underhill v. CohenAppellate Terms of the Supreme Court of New York · 1909
- Dougherty v. McMillanAppellate Terms of the Supreme Court of New York · 1899