MATTER OF BARTON REALTY CORP. v. MANGAN


25 A.D.2d 730 (1966)

In the Matter of Barton Realty Corporation, Appellant, v. John J. Mangan, as Judge of The Civil Court of the City of New York, County of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

April 19, 1966


Judgment dismissing appellant's petition in the nature of prohibition to compel a Civil Court Judge to vacate a judgment readjusting costs, unanimously reversed, on the law, on the facts, and in the exercise of discretion, without costs or disbursements to either side, and petitioner-appellant's motion for judgment is granted.

Respondent 437 Fifth Company, a landlord, had partially prevailed on an earlier appeal to this court in a nonpayment summary proceeding. On...

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