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MATTER OF MAYRO PROPS. v. MORGENROTH

38 Misc.2d 164 (1963)

In the Matter of Mayro Properties Associates, Landlord, v. Samuel Morgenroth, Tenant.

County Court, Oneida County.

January 4, 1963

Attorney(s) appearing for the Case

Ferris, Hughes, Dorrance & Groben (John M. Liddy of counsel), for landlord. Ferris, Kehoe, Cardamone & Tenney (Don P. Murname of counsel), for tenant.

JOHN J. WALSH, J.

This is an appeal from a final order of the City Court of Utica, New York (Hon. MATTHEW S. OGONOWSKI, City Judge) dismissing a petition to evict a hold-over tenant upon the grounds that the City Court is without jurisdiction to entertain these proceedings. The proceeding was commenced by service of a precept and petition upon the tenant on August 20, 1962.

On July 11, 1962, by notice, Mayro Properties (hereinafter referred to...

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