Roosevelt Nassau Operating Corp. v. Camy Holding Corp.

Bernard Tomson, J,

This proceeding is one to recover possession of real property for nonpayment. It appears to be undisputed that the tenant has paid into the court a sum sufficient to satisfy the landlord’s claim.

The only point raised by the landlord seems to be found in his brief on pages 7 and 8 as follows: “ The tenant has deposited into court the amounts claimed by the landlord to be due and owing as rent. This should not prevent the landlord from recovering possession of the premises in this action.

“ Section 751 (1) of the R. P. A. P. L. [Real Property Actions and Proceeding’s Law]…