Legal Opinion
Oppenheim v. Spike
New York Supreme Court
Decided July 11, 1980PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order entered November 17, 1977 is reversed, with $10 costs; the final judgment entered by default on August 5, 1977 is vacated and the petition is dismissed.
The court below refused to consider the circumstances surrounding the default that resulted in a judgment of *56possession and the execution of a warrant of eviction, upon the ground that it lacked jurisdiction to do so after execution of the warrant.
The cases and the statutes make it abundantly clear that even after execution of the warrant of eviction, the Civil Court retains jurisdiction, in appropriate circumstances,…
3Cases cited15 opinions
- Iltit Associates v. SternerAppellate Division of the Supreme Court of the State of New York · 1978
- Solack Estates, Inc. v. GoodmanAppellate Terms of the Supreme Court of New York · 1979
- 300 West Realty Co. v. WoodCivil Court of the City of New York · 1971
- Third City Corp. v. LeeAppellate Division of the Supreme Court of the State of New York · 1973
- 300 West Realty Co. v. WoodAppellate Terms of the Supreme Court of New York · 1972
10 more not listed; retrieve them via the Exa API.
4Cited by16 opinions
- Central Brooklyn Urban Development Corp. v. CopelandCivil Court of the City of New York · 1984
- Dolan v. LinnenCivil Court of the City of New York · 2003
- Avgush v. BerrahuAppellate Terms of the Supreme Court of New York · 2007
- Lindsay Park Houses v. GreerCivil Court of the City of New York · 1985
- Macerich Queens Ltd. Partnership v. M.I.E. Hospitality, Inc.Civil Court of the City of New York · 2002
11 more not listed; retrieve them via the Exa API.