¶1As it appears by the moving papers that Hugh C. McG-own is in possession of the premises under a lease which is not to expire until May 1, 1893, restitution cannot be awarded, (Code Civil Proc. § 1323; Costar v. Peters, 4 Abb, Pr., N. S., 53;) but the petitioners must be remitted to their remedy by action; (Market Nat. Bank v. Pacific Nat. Bank, 102 N. Y. 464, 7 N. E. Rep. 302.) Motion denied, but without costs.
13 N.Y.S. 332
Carter v. Anderson
New York Court of Common Pleas
Decided February 2, 1891
New York Court of Common Pleas · decided 1891-02-02
The defendants, Mary Andersbn and William Anderson, move for restitution upon the reversal of the order on their appeal. Eor decision on such appeal, see 11 N. Y. Supp. 883. Code Civil Proc.
Relies on Market Nat. Bk. of N.Y. v. . Pac. Nat. Bk.
Decided 1891-02-02