MATTER OF RYCARD REALTY CORP. v. ROSENBERG


28 Misc.2d 594 (1961)

In the Matter of Rycard Realty Corp., Petitioner, v. Samuel R. Rosenberg, Respondent, and Joseph Frank et al., Tenants.

Supreme Court, Special Term, Bronx County.

February 20, 1961


Attorney(s) appearing for the Case

Jacques J. Katz for petitioner. William P. Thomas for tenants. Louis J. Lefkowitz, Attorney-General (Herbert J. Wallenstein of counsel), for respondent.


MORRIS E. SPECTOR, J.

On a prior motion, to reargue, the petitioner herein was granted an order in a proceeding pursuant to article 78 of the Civil Practice Act in the nature of prohibition. This order was based on the ground that the Municipal Court clearly exceeded its jurisdiction in staying a warrant of eviction after its issuance.

The motion now before this court is to vacate the final order. It...

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