SHELDON TERRACE v. SCHNEIDER


18 Misc.2d 456 (1959)

Sheldon Terrace, Inc., Appellant, v. Murray Schneider et al., Respondents.

Supreme Court, Appellate Term, Second Department.

June 16, 1959.


Attorney(s) appearing for the Case

Leonard Lazarus for appellant.

Weinberg & Jacobowitz (Milton E. Jacobowitz of counsel), for respondents.

Concur — PETTE, HART and BROWN, JJ.


Per Curiam.

The agreed statement of facts was inadequate to permit of a disposition of the issues tendered for litigation. Since it appears without dispute that the tenants were in possession at the time of the institution of this summary proceeding, their subsequent voluntary removal during its pendency did not have the effect of depriving the court of jurisdiction. (Carnegie Hill Realties Securities v. Surowitz, 150 N.Y.S.2d 850; Four Forty-one...

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