Young v. Lucas

— Judgment reversed on the law and facts and a new trial, granted, with costs to the appellants to abide the event. Memorandum: The tenant in a summary proceeding paid the full amount of the rent as determined to be due in the final order plus the costs to the Justice of the Peace. The Justice subsequently turned the money over to the landlord and thereafter issued a dispossess warrant which was executed by a constable. The warrant under such circumstances is a nullity (Civ. Prac. Act, § 1435; People ex rel. Kilgallon v. Nuhn, 92 Misc. 312, affd. 173 App. Div. 895; Matter of Flewwellin v.…