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ODIN HOLDING CORPORATION v. CADWELL

Supreme Court, Appellate Term, First Department
Oct 31, 1934
153 Misc. 426 (N.Y. App. Term 1934)

Opinion

October 31, 1934.

Appeal from the Municipal Court, Borough of Bronx, Second District.

Joseph L. Forscher, for the appellant.

Harold M. Phillips, for the respondent.


The tenant not having been served with a copy of the judgment and notice of entry thereof, the motion for a new trial was timely made. (Mun. Ct. Code, § 129, subd. 3.) The fact that the tenant removed from the premises did not relieve the landlord of the duty to serve a copy of the judgment with notice of entry upon the tenant in order to start the latter's time to move for a new trial.

Order reversed, final order and judgment vacated and new trial ordered, with thirty dollars costs to appellant to abide the event.

Appeal from order denying reargument dismissed.

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


Summaries of

ODIN HOLDING CORPORATION v. CADWELL

Supreme Court, Appellate Term, First Department
Oct 31, 1934
153 Misc. 426 (N.Y. App. Term 1934)
Case details for

ODIN HOLDING CORPORATION v. CADWELL

Case Details

Full title:ODIN HOLDING CORPORATION, Respondent, v. EDNA CADWELL, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Oct 31, 1934

Citations

153 Misc. 426 (N.Y. App. Term 1934)
275 N.Y.S. 98