New York Court of Appeals, 1952

MONTGOMERY WARD & CO., INC. v. People

MONTGOMERY WARD & CO., INC. v. People
New York Court of Appeals · Decided July 15, 1952 · Concur: Loughran
304 N.Y. 646; 107 N.E.2d 509; 1952 N.Y. LEXIS 880

MONTGOMERY WARD & CO., INC. v. People

Opinion

Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway and Dye, JJ. Desmond, Fuld and Froessel, JJ., dissent and vote to reverse the order below and to dismiss the complaint, with costs, upon the ground that this suit, by a landlord against its holdover tenant, is not one “ brought to compel the determination of an adverse claim ” within the meaning of article 15 of the Real Property Law.

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