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Havemyer v. Luttinger

Supreme Court, Appellate Term, First Department
May 21, 1935
155 Misc. 586 (N.Y. App. Term 1935)

Opinion

May 21, 1935.

Appeal from the Municipal Court of New York, Borough of Bronx, First District.

Sidney S. Levine, for the appellant.

Ryan Lyttle, for the respondent.


If the precept herein was not personally served, as claimed by the landlord, the judgment for rent should have been vacated. ( Matter of McDonald, 225 A.D. 403.) It was improper to require the tenant to deposit rent as a prerequisite to having the issue of service determined.

Order modified by striking out the conditions imposed, and as modified affirmed, with ten dollars costs to appellant, and trial of service of process set down for May 28, 1935.

All concur; present, HAMMER, CALLAHAN and SHIENTAG, JJ.


Summaries of

Havemyer v. Luttinger

Supreme Court, Appellate Term, First Department
May 21, 1935
155 Misc. 586 (N.Y. App. Term 1935)
Case details for

Havemyer v. Luttinger

Case Details

Full title:THEODORE D. HAVEMYER, Landlord, Respondent, v. SAMUEL LUTTINGER, Tenant…

Court:Supreme Court, Appellate Term, First Department

Date published: May 21, 1935

Citations

155 Misc. 586 (N.Y. App. Term 1935)
280 N.Y.S. 76

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