Henry v. Hirsch

125 N.Y.S. 1123 | N.Y. App. Div. | 1910

Final order of the Municipal Court reversed, with costs, and proceeding dismissed on the ground that theré is no evidence that the tenant appellants were made parties to the foreclosure action, and not having attorned to the receiver they cannot be divested of possession of the demised premises in summary proceedings. (McDonald v. Cohen, 65 Misc. Rep. 489.) Woodward, Jenks, Thomas, Rich and Carr, JJ., concurred.