1. Home
  2. Browse Decisions
  3. Misc.
  4. 204 Misc.
  5. 204 Misc. 231 (1953)
 

WIENER v. REGENT BRAND CLOTHES

204 Misc. 231 (1953)

Max Wiener et al., Copartners Doing Business under the Name of Wiener Realty Co., Landlords, Appellants, v. Regent Brand Clothes, Inc., Tenant, Respondent.

Supreme Court, Appellate Term, First Department.

April 23, 1953.

Attorney(s) appearing for the Case

Bernard L. Seligman for appellants.

Samuel Robert Weltz and Milton B. Franklin for respondent.

Per Curiam.

Examinations before trial in summary proceedings are contrary to the spirit and intent of the Legislature in providing the summary remedy (Dubowsky v. Goldsmith, 202 App. Div. 818).

The court had no jurisdiction to stay the summary proceedings before final order (Civ. Prac. Act, § 1446).

The order should be reversed, with $10 costs, motion denied and stay vacated.

SCHREIBER...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases