Fritztuskie v. Wauroski
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Maggie Fritztuskie, from a final order of the Municipal Court of the city of Hew York, borough of The Bronx, entered on the 20th day of January, 1903, dismissing the plaintiff’s petition.
1Opinion of the Court
Jenks, J.:
I think that this judgment must be reversed. The petitioner sought a final order awarding her possession of the premises. The court issued precept and the record shows that on the return day the plaintiff appeared and complained of the defendant for nonpayment of rent, and that the defendant appeared and moved for dismissal of the petition on the ground that the proceeding was res adjudicata. The court granted the motion.
The learned Municipal Court justice writes: “ The issues in this proceeding were tried before Justice Tierney in the proceedings of Josephine Sodlickie against…
2Cases cited4 opinions
- Lewis v. Ocean Navigation & Pier Co.New York Court of Appeals · 1891
- People ex rel. Allen v. MurrayThe Superior Court of the City of New York and Buffalo · 1892
- People Ex Rel. Allen v. . MurrayNew York Court of Appeals · 1893
- Geisler and Weigand v. . AcostaNew York Court of Appeals · 1853
3Cited by2 opinions
- Cotignola v. LieberAppellate Division of the Supreme Court of the State of New York · 1970
- Hanover Estates, lnc. v. FinkelsteinCity of New York Municipal Court · 1949