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MATTER OF SWEET v. SANELLA

46 A.D.2d 688 (1974)

In the Matter of Louis Sweet, Respondent, v. Michael Sanella, as Deputy Marshal of the Second District Court, Lynbrook, Appellant, and Sylvia Mac Leay et al., Respondents

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

October 28, 1974

Judgment and order reversed insofar as appealed from, without costs, and proceeding dismissed on the merits.

Once a warrant of eviction has been executed, the tenant evicted and the landlord placed in possession, the summary proceeding is terminated. If the tenant as a trespasser thereafter re-enters into possession of the premises, the Marshal cannot re-execute the warrant of eviction and...

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