We treat the orders as appealable, however, since the first raised a jurisdictional question (Erie Co. Water Auth. v. Western N. Y. Water Co., 281 App. Div. 1070) and the second, in effect, decided the merits by awarding possession to the condemning authority in a case where possession was the main issue. Appellant's interest was that of a month-to-month tenant without a lease or other contractual right to continue occupancy. She was protected against removal in the...
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