Alcalde v. Butler

Full title: MARIO ALCALDE, Appellant, v. ROBERT BUTLER, Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: Oct 31, 1957

9 Misc. 2d 269 (N.Y. App. Term 1957)

171 N.Y.S.2d 707

Opinion

October 31, 1957

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, BENJAMIN SHALLECK, J.

Jules Ornstein for appellant.

Charles R. Lewis for respondent.

Per Curiam.

Since the court below found the summons was not served upon defendant, it was compelled to vacate and set aside the judgment, pursuant to subdivision 1 of section 129 of the Municipal Court Code. Subdivision 2 of this section refers to the opening of a judgment taken by default after proper service of a summons.

The orders should be affirmed, with $10 costs.

HOFSTADTER, AURELIO and TILZER, JJ., concur.

Orders affirmed, etc.