Altieri v. Trotta

Appellate Terms of the Supreme Court of New York

Altieri v. Trotta

103 N.Y.S. 715, 53 Misc. 649

Appellate Terms of the Supreme Court of New York·Decided April 10, 1907·Published

Opinion

PER CURIAM.

The judgment was taken by default: The defendant appeals on the ground that he never was served with the summons and has never appeared in the action. This claim seems to be supported by a preponderance of proof. The defendant has adopted the proper practice in appealing directly to this court. Municipal Court Act, Laws 1902, p. 1578, c. 580, § 311; Austin v. Columbia Lubricants Co. (Sup.) 85 N. Y. Supp. 362; Diehl v. Steele, 49 Misc. Rep. 456, 97 N. Y. Supp. 1024.

The judgment must be held to be invalid, and reversed, and complaint dismissed, with costs to appellant.

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PER CURIAM.

The judgment was taken by default: The defendant appeals on the ground that he never was served with the summons and has never appeared in the action. This claim seems to be supported by a preponderance of proof. The defendant has adopted the proper practice in appealing directly to this court. Municipal Court Act, Laws 1902, p. 1578, c. 580, § 311; Austin v. Columbia Lubricants Co. (Sup.) 85 N. Y. Supp. 362; Diehl v. Steele, 49 Misc. Rep. 456, 97 N. Y. Supp. 1024.

The judgment must be held to be invalid, and reversed, and complaint dismissed, with costs to appellant.

Altieri v. Trotta, 103 N.Y.S. 715, 53 Misc. 649 (N.Y. Ct. App. 1907).

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