Seltzer v. Block

It appears that upon the return of the precept a verified answer was filed to the landlord’s petition and the issue adjourned for trial. Thereupon, in béhalf of the tenant, an adjournment was requested which was refused, and the justice below granted a final order by reason of the failure of the tenant to appear, without hearing any proofs.

Section 1428 of the Civil Practice Act provides that “ The issues joined by the petition and answer must be tried by the judge or justice * * In Brill v. Norkett (84 N. Y. Supp. 142) the answer denied the allegations of the petition except as to the demand…