113 Misc. 253 | N.Y. Sup. Ct. | 1920
Mandamus to compel a clerk of the Municipal Court to sign and issue a warrant of dispossess. On September sixteenth last the landlord obtained a final order awarding to it the possession, but the same justice granted a stay expiring October first. After October first the clerk, under instructions from one of the justices of the Municipal Court, refused to sign the warrant, upon the stated ground that the landlord’s right to it had been destroyed by a provision in one of the recently enacted landlord and tenant statutes (Laws of 1920, chap. 942, effective Sept. 27, 1920) reading: “ In a pending proceeding for the recovery of real property * * * on the ground that the occupant holds over after the expiration of
Judgment accordingly.