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MATTER OF JOSEPH v. CHEESEBORO

43 Misc.2d 702 (1964)

In the Matter of Mannie Joseph, Appellant, v. George Cheeseboro, Respondent.

Supreme Court, Appellate Term, First Department.

July 9, 1964

Attorney(s) appearing for the Case

Harry Harris and Henry F. Pine for appellant. Bruce J. Gould for respondent.

Concur — HOFSTADTER, J. P., HECHT and TILZER, JJ.

Per Curiam.

Special Term, on conflicting affidavits on the motion before it, summarily vacated the final order granted by another Justice after trial. No hearing was held by Special Term to determine whether the alleged tender of the admittedly unpaid rent had been made before issuance of the warrant. Such a hearing should have been held for if no such tender had been made, the warrant, as issued, was a lawful mandate (see Matter of Vaile v. Moritt,...

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