In re Lubin

This is an application for an order of prohibition against the Clerk of the Municipal Court of the City of New York, Fourth District, for the borough of Queens, who is about to issue a warrant of dispossess against petitioner. The court permitted counsel for the landlord tó argue and file a brief because of his client’s interest.

The facts are: Petitioner was a tenant of Streg, Inc., under a written lease which expired September 30, 1943, in premises in Queens Borough. Because petitioner refused to move from the premises, the landlord instituted summary proceedings on October 4, 1943, in the…