Emray Realty Corp. v. Stoute

The petitioner seeks a writ of prohibition, pursuant to article 78 of the Civil Practice Act, against the respondent Stoute, a Justice of the Municipal Court of the City of New York, and, in effect, all of his colleagues. The relevant allegations of the petition follow in substance: The petitioner is the owner of certain premises. One “ John ” Gilliam (first name “ John ” being fictitious) is its tenant. The monthly rent is $37.95. The rent due was not paid by the tenant for two months. Summary proceedings because of such nonpayment were instituted by the petitioner against the tenant in the…