Petker v. Occhini — 187 Misc. 377

Majority

p. 377

Isaac Petker, Landlord, Appellant, v. Pasquale Occhini, Tenant, Respondent.

Supreme Court, Appellate Term, Second Department,

June 6, 1946.

p. 378

Harry Davis for appellant.

J. Kolsin Crossman and Bernard Meyerson for respondent.

Memorandum It was improper to stay the issuance of a warrant beyond the period permitted by statute (Civ. Prac. Act, § 1436-a).

The order dated April 12,1946, modifying final order in favor of landlord, should be unanimously reversed upon the law, with $10 costs to landlord, and motion denied, with $10 costs.

MacCrate, Smith and Steinbrink, JJ., concur.

Order reversed, etc.