MATTER OF EMRAY REALTY CORP. v. STOUTE


5 Misc.2d 865 (1957)

In the Matter of Emray Realty Corp., Petitioner, v. Herman C. Stoute, as Justice of the Municipal Court of the City of New York, Respondent.

Supreme Court, Special Term, New York County.

January 30, 1957.


Attorney(s) appearing for the Case

Arnold Schildhaus for petitioner.

Louis J. Lefkowitz, Attorney-General (Barnett Levy of counsel), for respondent.


ARON STEUER, J.

The petitioner seeks a writ of prohibition against respondent, a Municipal Court Judge, to prevent the latter from hearing an application brought on by order to show cause signed by the respondent. The order to show cause was issued in a summary proceeding for eviction for nonpayment of rent. The trial of that proceeding had been completed and a final order and eviction warrant had been issued...

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