Opinion
February 10, 1960
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, MAX M. MELTZER, J.
Irving Bearman for appellant.
Harris Koppelman for respondent.
A final order having been granted and an eviction warrant issued after trial, the Municipal Court lost jurisdiction of the parties here ( Hanover Bank v. De Koenigsberg, 207 Misc. 1088; Emray Realty Corp. v. Lloyd, 5 Misc.2d 938). The order to show cause was improperly issued, tenant having failed to proceed pursuant to the provisions of section 1446 of the Civil Practice Act.
The order should be reversed, with $10 costs, and warrant reinstated.
Concur — HECHT, J.P., AURELIO and TILZER, JJ.
Order reversed, etc.