Legal Opinion
Capozzi v. Whitman
New York Supreme Court
Decided April 4, 1960PublishedCited by 1 opinion
1Opinion of the CourtJohn L. Flynn, J.
Motions No. 72 and No. 73 are consolidated and disposed of as follows:
This is an application pursuant to antiole 78 of the Civil. Practice Act for an order in the nature of a writ of prohibition directed to a Justice of the Municipal Court of the City of New York. It arises upon a summary proceeding heretofore brought by petitioner, as landlord, in the Municipal Court to dispossess a tenant. After trial a final order was entered in favor of the landlord and a warrant of eviction was thereafter issued. Subsequently, upon a showing by the tenant of fraud or mistake in the procuring of the final…
2Cases cited5 opinions
- Matter of Lyons v. GoldsteinNew York Court of Appeals · 1943
- People ex rel. Livingston v. WyattNew York Court of Appeals · 1906
- In Matter of City of BuffaloNew York Court of Appeals · 1879
- Flanson Realty Corp. v. Workers' Unity House, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
- Elcock v. BocciaNew York Supreme Court · 1958
3Cited by1 opinion
- Joseph v. CheeseboroCivil Court of the City of New York · 1964