MATTER OF 634 ST. NICHOLAS AVE., INC. v. CAPUTA


20 Misc.2d 401 (1959)

In the Matter of 634 St. Nicholas Avenue, Inc., Petitioner, v. Joseph J. Caputa, as State Rent Administrator, Respondent, and Phyllis C. McLaurin, Intervenor-Respondent.

Supreme Court, Special Term, New York County.

October 22, 1959.


Attorney(s) appearing for the Case

Stein, Goldberg & Simon for petitioner.

Nathan Heller and Julius A. Copeland for respondent.

Dunbar S. McLaurin for intervenor-respondent.


FRANCIS X. CONLON, J.

Motion to stay the petitioner from instituting or continuing a summary proceeding in the Municipal Court, to evict the tenant intervenor, by virtue of a certificate of eviction ordered by this court, is denied without prejudice to renewal at the Appellate Division, First Department. The tenant intervenor having filed a notice of appeal such application for a stay should be made pursuant to section 613 of the Civil...

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