Rockaway Point Co. v. Friberg — 232 N.Y. 599

Majority

p. 599

Rockaway Point Company, Incorporated, Respondent, v. Nils Friberg, Appellant.

Headnote

Landlord and tenant — summary proceedings — order modifying order of dispossession affirmed —■ appeal from order modifying order refusing to vacate order of dispossession dismissed.

Rochaway Point Co., Inc., v. Friberg, 198 App. Div. 923 , affirmed.

(Argued January 9, 1922;

decided January 24, 1922.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 30, 1921, which modified and affirmed as modified an order of the Queens County Court awarding to the landlord and petitioner the delivery of the possession of the property therein mentioned and described and decreeing that the said tenant and each and every person in possession of said premises be removed therefrom, and commanding the sheriff of the county of Queens to forthwith remove each and every person in possession of said premises; also appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 30, 1921, which modified and affirmed as modified an order of the Queens County Court, denying a motion to vacate said order of dispossession.

Avoid Wechsler for appellant.

Meier Steinbrink and Frank E. Johnson for respondent.

Order of Appellate Division on first appeal affirmed, with costs. Second appeal dismissed,, without costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.