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Altieri v. Trotta

103 N.Y.S. 715, 53 Misc. 649
CourtAppellate Terms of the Supreme Court of New York
DecidedApril 10, 1907
StatusPublished

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

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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Related

Diehl v. Steele
49 Misc. 456 (Appellate Terms of the Supreme Court of New York, 1906)
Austen v. Columbia Lubricants Co.
85 N.Y.S. 362 (Appellate Terms of the Supreme Court of New York, 1903)

Cite This Page — Counsel Stack

Bluebook (online)
103 N.Y.S. 715, 53 Misc. 649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/altieri-v-trotta-nyappterm-1907.