MATTER OF 609 HOLDING CORP. v. BURKE


281 A.D. 678 (1952)

In the Matter of 609 Holding Corp., Appellant, v. Martin J. Burke et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 17, 1952.


Orders unanimously affirmed, with $20 costs and disbursements to the respondents, upon the ground that the petition was defective and appellant's proper remedy was not by mandamus but by appeal.

Whether the tenant was obligated to pay the costs as well as the rent to avoid the issuance of a warrant of eviction is determinable upon appeal and not by an article 78 proceeding (see Matter of Jasgold Realty Corp v. De Stefano, 280 App. Div. 772, in which this court...

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