Legal Opinion

Burton v. Gadsden

New York County Courts

Decided October 25, 1962Published

1Opinion of the CourtRobert J. Trainor, J.

This is an appeal by the several tenants from final orders of the City Court of Mount Vernon made on June 11, 1962 in favor of the landlord against the tenants. The seven summary proceedings were consolidated for purposes of trial.

The landlord respondent has challenged the jurisdiction of this court to hear the appeal on the grounds that this is not the proper court to entertain such appeal. The tenants appellants contend that the County Court of Westchester is the correct appellate court for this appeal.

Section 1441 of the Civil Practice Act provides for appeals from final orders in summary…

2Cases cited3 opinions

  1. People Ex Rel. Livermore v. HamiltonNew York Court of Appeals · 1868
  2. Handshke v. LoysenAppellate Division of the Supreme Court of the State of New York · 1922
  3. Hecht v. ManessAppellate Terms of the Supreme Court of New York · 1960

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