The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-10-17
BARS WARRANT
TO DISPOSSESS
HOUSE TENANTS
Justice Faber in Supreme
Court Upholds New
Rent Laws.
MANY CASES AFFECTED
Decision in Eviction Case
In Manhattan Is in Favor
of Landlords.
REALTY MEN ARE ELATED
Judgments Valid If Dated Be-
fore Passage of Latest Laws
in Albany.
REALTY MEN ARE ELATED

Justice Leander B. Faber IN the SUI
preme Court, Brooklyn, in decision
yesterday upheld the new rent laws
and declared valid the order Of Chief
Justice Aaron j. Levy of the Municipal
Court directing clerks not to issue
warrants in dispossess proceedings
The decision affects several hundred
othcr applications for eviction war
rants which have been pending.
Tho action was an application by
Clara Wasserman. owner of the house
at 653 Ninth street. Brooklyn, for a
writ Of mandamus to compel William
r. Pagan, clerk of the Municipal Court
Of the Sixth district, to issue an evic-
ton warrant against Miss Carrie
Dunn, who occupies one of her apart
ments.
Counsel for Mrs. wasserman argued
that where the Municipal Court had de-
cided for the restoration OF premises
but had held operation of the Judgment
in allegiance by granting a stay of evic-
ton the case had been disposed Of and
that at the end Of the stay 1t was man
datory upon the clerks to issue dis
possess warrants.
Justice Faber in his decision said that
the stay in the case of Miss Dunn was
proper. During the stay the Legislature
passed Chapter 942 of the Laws of 1920.
A provision of this chapter declares that
In pending proceeding after the ex-
piration Of tenants term warrant
shall not be issued. There are exceptions
which, Justice Faber said did not apply
in the case against Miss Dunn.
Opinion of Justice Faber.
"The relator contends" said Justice
Faber, that even though the statute be
held to affect his proceeding in the
Municipal Court it Is unconstitutional,
as the landlord had property right in
the final order of the Court. 1t is UNI
necessary to determine whether such
rights extend to the rem sdy or process
under the final order. The warrant for
such rights as the relator has mere.
whether of contract or property, must
yield TO the public necessity"
Justice George Y. Mullan in the
Supreme Court handed down a decision
directing William ]. Murphy, clerk in
the Fourth District Municipal Court. to
issue a dispossess writ obtained by the
H. D. II. Realty Company against
George s. Chains at EOS East Four
teenth street. but the facts in the case
were not similar TO those In the Faber
decision
Chains was ordered to vacate last
September !, after being in the apart
ment one month. The clerk of the court.
acting under instructions. refused to
issue the precept for dispossess, and an
application for writ OF mandamus com
polling the signing of the precept was
brought in the Supreme Court.
In his decision Justice Mullan said
in part:
ION September 16 last the landlord
obtained a final order awarding possess
sion. but the same Justice. George l..
Genung, granted stay expiring Octo-
Der 1.
after October 1 the clerk, acting
under instructions from one of the
Justices of the Municipal Court. Aaron
j. Levy refused to sign the warrant
upon the stated ground that the land
lords right to it had been destroyed by
a provision of one of the recently en-
dCltu idUuiOIu ana ltH3tllL NNtluIeS.
"The Corporation Counsel. appearing
for the clerk, opposes the application
upon the sole ground that the summary
proceeding was on October / pending
A final order is. Of course. judgment"
Justice Mullan then quoted a number
OF preceding decisions applicable to the
case in point, and said:
'As the decisions very plainly sup
port the REALTORS position, 1 shall re-
frafn fr0v dferffcafof, NJ tha Ia q
underlying them. Let the writ issue"
Statement by Realty Interests.
A statement was issued by the Real
Estate Interests of New York, Inc
which said that Justice Mullan's deci-
sion will do much to straighten the
chaotic conditions between owners and
occupants OF apartments.
Tho decision holds" says the state
ment. that tenants against whom dis
possess orders have gone to judgment
prior to the adoption of the emergency
rent laws in September will have to
yield to eviction.
eve wish to foster amicabie relations
between owner and occupant and we be-
leve that the best way to 40 this Ia to
establish the fact as early as possible
that the courts are unlikely to uphold
any confiscatory legislation"
Justice Edward II. Finch, in the Bronx
Supreme Court, appointed Louis Good
man receiver OF rents in an action
brought by the Advance Realty Com
pany against the Filben Realty Corr
poration and others to foreclose two
second mortgages. The property af-
fected consists of two six story apart
ment houses at 163d and Kelly streets
and at Kelly street and Intcrvals ave.
nue.. The monthly rental of both apart
ments amounts to 5000.