Appelbaum v. Galewski

This action in equity becomes necessary because the defendant, now having the title to the premises, No. 1 Jackson street, and No. 338 Henry street, in the borough of Manhattan, seeks to evict the plaintiff and to destroy a building occupied by the plaintiff and used by him in his business.

The defendant is maintaining eviction proceedings in the Municipal Court, which has not the jurisdiction to reach nonresident witnesses whose testimony is essential to the maintenance of plaintiff’s rights;

The defendant’s counsel, in his brief, clearly states the issue in controversy thus: “ The main…