Greene v. Geiger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elizabeth Geiger, from a final order of the Municipal Court of the city of New York, in summary proceedings to recover possession of real property. •
1Opinion of the Court
Cullen, J.:
• This proceeding was instituted by the purchaser at a sale on a judgment in a foreclosure action, to remove a tenant in possession of the mortgaged premises who had been made a party to the action. These proceedings are statutory in derogation of the common law, and there is no jurisdiction to entertain them except in the cases provided by statute. (Benjamin v. Benjamin, 5 N. Y. 383.) Whatever may have been the case under the act of 1874 (Chap. 208, amdg. subd. 4, § 28, art. 2, title 10, chap. 8,- part 3 of the Revised Statutes), now, by .the express terms of subdivision 2 of’…
2Cases cited2 opinions
- Benjamin v. . BenjaminNew York Court of Appeals · 1851
- State ex rel. Dewey v. BurdickNew York Supreme Court · 1889
3Cited by6 opinions
- Commonwealth Mortgage Co. v. De WaltoffAppellate Division of the Supreme Court of the State of New York · 1909
- DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
- Commonwealth Mortgage Co. v. De WaltoffAppellate Terms of the Supreme Court of New York · 1909
- Curren v. GillamCity of New York Municipal Court · 1919
- Milligan v. Gabbett, New York County Courts1917
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