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EMRAY REALTY CORP. v. LLOYD

5 Misc.2d 938 (1956)

Emray Realty Corp., Appellant, v. Irene Lloyd, Respondent.

Supreme Court, Appellate Term, First Department.

December 13, 1956.

Attorney(s) appearing for the Case

Arnold Schildhaus for appellant.

Shyleur Barrack and Mortimer Getzels for respondent.

AURELIO and TILZER, JJ., concur; HOFSTADTER, J., dissents.

Per Curiam.

Where a final order has been granted and eviction warrant has been issued, after trial in a summary proceeding for nonpayment of rent, the Municipal Court has no jurisdiction to set aside the final order and warrant. (Hanover Bank v. De Koenigsberg, 207 Misc. 1088, affd. no opinion 285 App. Div. 928; Wassel v. Reimer, 119 N.Y.S.2d 33; Hendricks v. Ergis, 66 N.Y.S.2d 349). The issuance of the...

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