Boyd v. Milone
Appellate Terms of the Supreme Court of New York
Appeal by the tenant from a final order in summary proceedings to recover the possession of real property, for nonpayment of rent, made by the justice of the Municipal Court of the city of Mew York, borough of Manhattan, ninth district, in favor of the landlord, upon default; and from an order denying the motion to open such default. The material facts are stated in the opinion.
1Opinion of the CourtGiegerich, J.
The justices of the Municipal Court of the city of Mew York, have no power to open a default taken in summary proceedings. Cochran v. Reich, 20 Misc. Rep. 593; Langbein’s Municipal Court Pr. (4th ed.) p. 285. Moreover, the Appellate Term has no jurisdiction to entertain an appeal from an order denying a motion to open a default (Adolph v. Klein, 23 Misc. Rep. 700), and hence the appeal taken from such ¡order mustl, be dismissed, with $10 costs.
The validity of the final order is assailed on the ground that the petitioner has failed to show that a demand for the rent had been made pursuant to…
2Cases cited6 opinions
- Tolman v. HeadingAppellate Division of the Supreme Court of the State of New York · 1896
- Zinsser v. HerrmanAppellate Terms of the Supreme Court of New York · 1898
- Cochran v. ReichAppellate Terms of the Supreme Court of New York · 1897
- People ex rel. Simon v. GrossNew York Supreme Court · 1867
- Wolcott v. SchenkNew York Supreme Court · 1857
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3Cited by5 opinions
- Schwartz v. Weiss-NewellCivil Court of the City of New York · 1976
- Fitzgerald v. WashingtonCivil Court of the City of New York · 1975
- In re the Summary Proceeding Brought by the Stuyvensant Real Estate Co.Appellate Terms of the Supreme Court of New York · 1903
- Engel, Heller Co. v. Henry Elms. Brewing Co.Appellate Terms of the Supreme Court of New York · 1902
- Mooney v. McGuirkAppellate Terms of the Supreme Court of New York · 1900