Sheldon Terrace, Inc. v. Schneider
| Decision Date | 16 June 1959 |
| Citation | 193 N.Y.S.2d 484,18 Misc.2d 456 |
| Parties | SHELDON TERRACE, INC., Landlord-Appellant, v. Murray SCHNEIDER and Ann Schneider, Tenants-Respondents. |
| Court | New York Supreme Court — Appellate Term |
Leonard Lazarus, Jamaica, for appellant.
Weinberg & Jacobowitz, Far Rockaway, Milton E. Jacobowitz, Far Rockaway, of counsel, for respondents.
Before PETTE, HART and BROWN, JJ.
Final order unanimously reversed upon the law and facts and a new trial granted with $30 costs on this appeal to abide the event.
The agreed statement of facts was inadequate to permit of a disposition of the issues tendered for litigation. Since it appears without dispute that the tenants were in possession at the time of the institution of this summary proceeding, their subsequent voluntary removal during its pendency did not have the effect of depriving the court of jurisdiction. Carnegie Hill Realties Securities v. Surowitz, Sup.App.T., 150 N.Y.S.2d 850, not otherwise, reported; Four Forty-One Holding Corporation v. Bloom, 148 Misc. 565, 266 N.Y.S. 233.
To continue reading
Request your trial
-
Lex-56th Corp. v. Morgan
...of its demand for a personal money judgment against the tenant for the rent found to be in arrears. See Sheldon Terrace, Inc. v. Schneider, 18 Misc.2d 456, 193 N.Y.S.2d 484, and cases The purpose and intent of the statute (Civil Practice Act, Article 83) is to afford a summary means of obta......
-
Schor v. Domery
...and determining the rent due. (Four Forty-One Holding Corp. v. Bloom, 148 Misc. 565, 569, 266 N.Y.S. 233; Sheldon Terrace Inc. v. Schneider, 18 Misc.2d 456, 193 N.Y.S.2d 484) Jurisdiction over the subject matter having vested, it is not divested by subsequent events. Cases cited by tenants,......
-
Sowalsky v. E. F. MacDonald Stamp Co.
...to the commencement of the summary proceedings (Matter of Schor v. Domery, 34 Misc.2d 865, 232 N.Y.S.2d 205; Sheldon Terrace v. Schneider, 18 Misc.2d 456, 193 N.Y.S.2d 484; Four Forty-One Holding Corp. v. Bloom, 148 Misc. 565, 266 N.Y.S. Order reversed, on the law and the facts, and a new t......
-
Abner Props. Co. v. Frederick Goldman, Inc.
...(see Mauer-Bach Realty LLC v Gomez, 43 Misc 3d 141[A], 2014 NY Slip Op 50845[U] [App Term, 1st Dept 2014]; Sheldon Terrace v Schneider, 18 Misc 2d 456 [App Term, 2nd Dept 1959]; 3 Robert F. Dolan, Rasch's Landlord & Tenant - Summary Proceedings, § 45:3 at 183 [5th ed 2017]). Nor is the appe......