Legal Opinion
Bianchi v. Ficoratto
City of New York Municipal Court
Decided August 29, 1975PublishedCited by 4 opinions
1Opinion of the CourtJames B. Reap, J.
On August 27, 1975, we erroneously granted a final order and warrant in this summary proceeding. That was error on our part because in calling the calendar we either did not have in front of us or overlooked the fact that an answer had been interposed by respondent to the petition to recover possession for nonpayment of rent. The answer contained a defense and counsel had fully briefed the issue.
We, therefore, on our own motion vacate the final order and warrant dated August 27, 1975, and apologize to those concerned for our oversight.
THE LAW AND REASONING
I. Respondent tenant raises the…
2Cases cited2 opinions
- Amazon Management Corp. v. PaffAppellate Terms of the Supreme Court of New York · 1938
- Linker v. HerardAppellate Terms of the Supreme Court of New York · 1958
3Cited by4 opinions
- Bomze v. Jaybee Photo Suppliers, Inc.Appellate Terms of the Supreme Court of New York · 1983
- Edgemont Associates v. SkolnickJustice Court of Town of Greenburgh · 1977
- Squadron Boulevard Realty Co. v. Emrite, Inc., New York County Courts1979
- Maryanov v. PetersCivil Court of the City of New York · 1978