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Henry v. Hirsch

125 N.Y.S. 1123 Court N.Y. App. Div. Decision date 1910-10-07 English

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p. 1123
HENRY, Respondent, v. HIRSCH et al., Appellants.
(Supreme Court, Appellate Division, Second Department.
October 7, 1910.)

Headnote

Action by John E. Henry, as receiver, against Joseph Hirsch and another.

Final order of the Municipal Court reversed, with costs, and proceeding dismissed, on the ground that there 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 , 120 N. Y. Supp. 94 .