Four Forty-one Holding Corp. v. Bloom

But a single question is presented for my decision in this proceeding. That question is whether this court has been ousted of jurisdiction to make a final order herein, because of the tenant’s compliance with one of the alternative demands of the precept, he having moved out prior to the return of the precept, and whether in consequence of such moving out, no money judgment for rent admittedly due from the tenant can be directed herein.

The tenant contends that the proceeding comes to an end by his moving out, and that under the wording of the statute making provision for the entry of judgment…