Cornell Apartments Corp. v. Corcoran

This proceeding is instituted under the provisions of article 78 of the Civil Practice Act; it involves purely a question of law; there is no dispute as to the facts.

The petitioner obtained a final order in a summary proceeding awarding it possession of an apartment. The tenancy of the occupant had expired on September 30, 1943; upon his refusal to vacate the premises, dispossess proceedings were commenced against him as a holdover occupant. The final order was made after a trial and such final order was entered on October 13, 1943; it was affirmed upon appeal. The warrant was to issue on…