Wolf Kahn Realty Corp. v. Eckhardt-Berman Furniture Co.

In this proceeding for non-payment of rent a final order was rendered after trial in favor of landlord, and the tenants appealed. Pending the appeal the landlord on notice entered judgment for $1,670.66, the rent due in the proceeding, with interest and costs.

This court having upon the tenants’ appeal from the final order reversed said final order the tenants moved in the court below to vacate the judgment entered after service of the notice of appeal, and from the order denying the motion this appeal is taken.

Under the statute (Civ. Prac. Act, § 1425) “ the court, upon rendering a final…