Alcalde v. Butler
9 Misc. 2d 269, 171 N.Y.S.2d 707, 1957 N.Y. Misc. LEXIS 2271
Appellate Terms of the Supreme Court of New York·Decided October 31, 1957·Published·Cited by 1 cases
Opinion
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.
Hoestadter, Aurelio and Tilzer, JJ., concur.
Orders affirmed, etc.
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Alcalde v. Butler, 9 Misc. 2d 269, 171 N.Y.S.2d 707, 1957 N.Y. Misc. LEXIS 2271 (N.Y. Ct. App. 1957).
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