STATE ST. PROPS. v. MIZRAKI


44 Misc.2d 964 (1964)

State Street Properties, Inc., Appellant, v. Ralph Mizrahi, Doing Business as Rae-Me Shops, Respondent.

Supreme Court, Appellate Term, First Department.

November 19, 1964


Attorney(s) appearing for the Case

Bernstein, Weiss, Hammer & Parter (Norman A. Coplan and Stephen I. Shapiro of counsel), for appellant. J. Leon Israel for respondent.

TILZER and HECHT, JJ., concur in Per Curiam opinion; HOFSTADTER, J., dissents in memorandum.


Per Curiam.

In an action on a cognovit judgment of the State of Illinois which was for rent due pursuant to a valid and existing lease, respondent's contention that the warrant of authority to confess judgment was limited to money due under said lease for rent and that no rent was due because the premises were unoccupied and therefore the Illinois court lacked jurisdiction, constitutes an attempt to litigate...

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