LIZA REALTY v. MACHLUS LEATHER GOODS


43 Misc.2d 57 (1964)

Liza Realty Corp., Appellant, v. M. Machlus Leather Goods, Respondent.

Supreme Court, Appellate Term, First Department.

April 30, 1964


Attorney(s) appearing for the Case

Jack S. Dweck for appellant.

TILZER, J. P., and HECHT, J., concur; HOFSTADTER, J., dissents in part in the following memorandum.


Per Curiam.

Judgment unanimously reversed on the law and on the facts. It was error for the lower court to dismiss the summary proceeding for nonpayment of rent and for a judgment for rent arrears on the ground that it lacked jurisdiction, because the tenant had vacated the premises after the service of the precept and petition, but prior to the trial. The court was not divested of jurisdiction, as the tenant vacated...

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