Legal Opinion

Altschuler v. Lipschitz

Appellate Terms of the Supreme Court of New York

Decided January 8, 1909PublishedCited by 8 opinions

'Appeal from Municipal Court, Borough of Manhattan, Second District. Summary proceedings to recover possession of real property by Ray Altschuler against Abraham Dipschitz. From a judgment in the Municipal Court in favor of plaintiff, defendant appeals.

1Opinion of the CourtBischoff, J.

The notice of appeal recites that the appeal is taken from “the judgment and order entered in the above-named court on the 30th day of July, 1908, * * * in favor of the above-named respondent and against the above-named appellant, for the possession of the premises mentioned and described in the petition”; and, since the order entered upon the denial of the tenant’s motion for a dismissal of the proceedings was not appealable, we shall assume that the appeal was -intended to be taken from the final order. Again, the adjudication appealed from is clearly identified by referring to it as “the…

2Cases cited3 opinions

  1. Talamo v. . SpitzmillerNew York Court of Appeals · 1890
  2. Larned v. . HudsonNew York Court of Appeals · 1875
  3. Post v. PostNew York Supreme Court · 1852

3Cited by8 opinions

  1. People ex rel. H. D. H. Realty Corp. v. MurphyAppellate Division of the Supreme Court of the State of New York · 1920
  2. Kassover v. Gordon Family Associates, Inc.Civil Court of the City of New York · 1983
  3. Carman v. Fox, New York County Courts1914
  4. 230 Park Avenue Associates v. StateNew York Court of Claims · 1995
  5. O'Neill v. DerderianCity of New York Municipal Court · 1931

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