Alcalde v. Butler

Appellate Terms of the Supreme Court of New York

Alcalde v. Butler

9 Misc. 2d 269, 171 N.Y.S.2d 707, 1957 N.Y. Misc. LEXIS 2271

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 31, 1957

StatusPublished

Cited by1 cases

This text of 9 Misc. 2d 269 (Alcalde v. Butler) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alcalde v. Butler, 9 Misc. 2d 269, 171 N.Y.S.2d 707, 1957 N.Y. Misc. LEXIS 2271 (N.Y. Ct. App. 1957).

Pincite

Opinion

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.

Hoestadter, Aurelio and Tilzer, JJ., concur.

Orders affirmed, etc.

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