Growth Realties, Inc. v. Brown

Full title: GROWTH REALTIES, INC., Appellant, v. ALEXANDER BROWN, Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: Feb 10, 1960

23 Misc. 2d 918 (N.Y. App. Term 1960)

206 N.Y.S.2d 365

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.

Per Curiam.

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.