Legal Opinion

Frank v. Jaspin

New York County Courts

Decided September 15, 1914Published

Appeal by the tenant from a final order made in summary proceedings by a justice of the peace in the town of Hempstead, granting the landlord possession of certain premises situate in the town of Hempstead, described in the petition.

1Opinion of the CourtNiemann, J.

After the court had convened on June 9, 1914, and the respective parties had appeared in person and by their counsel, the defendant filed his affidavit, verified on said- day, setting forth that he is the tenant in the proceeding; that the justice is a material witness for him in said proceeding, and that he cannot safely proceed to the trial thereof without the testimony of said justice. The affidavit further states that defendant expects to prove by said justice certain statements or admissions claimed to have been made by one William B. Davis, one of the former owners of the premises and…

2Cases cited17 opinions

  1. Harkness v. HydeSupreme Court of the United States · 1879
  2. Jones v. . JonesNew York Court of Appeals · 1888
  3. Clapp v. . GravesNew York Court of Appeals · 1863
  4. Martin v. CrossleyAppellate Terms of the Supreme Court of New York · 1905
  5. Nemetty v. . NaylorNew York Court of Appeals · 1885

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