Ludwig v. Lazarus
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Sarah Lazarus and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of September, 1896, enjoining the defendants pendente lite from interfering with the plaintiffs’ possession of the premises No. 36 West Fourteenth street in the city of New York.
1Opinion of the Court
Van Brunt, P. J.:
This action seems to have been instituted for the purpose of procuring a stay pending the appeal from a judgment entered in dispossess proceedings against the plaintiffs. There is no ground for the maintenance of such an action. The law has provided for the procedure in cases of this description, and courts of equity cannot be appealed to to secure stays of proceedings which the statute prohibits.
It is sought to maintain this suit, however, upon the ground that the District Oourt which entertained the dispossess proceedings had no jurisdiction, because it did not appear from…
2Cited by3 opinions
- Maneely v. MayersAppellate Terms of the Supreme Court of New York · 1904
- Dancik v. RappoldCity of New York Municipal Court · 1919
- Metropolitan Life Insurance v. SchottlandAppellate Terms of the Supreme Court of New York · 1945