Mann v. Hefter
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Summary proceedings by Alexander Mann, landlord, against Ike Hefter, tenant. From a judgment and final order awarding possession to the landlord, the tenant appeals. Reversed, and new trial ordered.
1Opinion of the CourtGavegan, J.
This proceeding was commenced by filing a verified petition setting forth the usual allegations of ownership of the property, making of the lease, and default in payment of rent. The tenant filed a verified answer to the petition setting up a general denial and three separate and distinct defenses. Upon the trial day the tenant made an application for an adjournment which was denied, and the trial judge thereupon, without hearing any testimony, gave judgment for the landlord. The court had no power to give judgment without some evidence in support of the allegations in the petition each and…
2Cases cited3 opinions
- Fox v. HeldAppellate Terms of the Supreme Court of New York · 1898
- Brill v. NoekettAppellate Terms of the Supreme Court of New York · 1903
- Philip Realty & Construction Co. v. ChubinAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Seltzer v. BlockAppellate Terms of the Supreme Court of New York · 1929