Altieri v. Trotta

New York Supreme Court

Altieri v. Trotta

53 Misc. 649

DecidedApril 15, 1907

StatusPublished

This text of 53 Misc. 649 (Altieri v. Trotta) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Altieri v. Trotta, 53 Misc. 649 (N.Y. Super. Ct. 1907).

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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. Mun. Ct. Act., § 311; 49 Misc. Rep. 456.

[650]*650The judgment must be held to be invalid, and reversed and complaint dismissed, with costs to appellant.

Present: Gildebsleeve, Giegebich and Eblangeb, JJ.

Judgment 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. Mun. Ct. Act., § 311; 49 Misc. Rep. 456.

[650]*650The judgment must be held to be invalid, and reversed and complaint dismissed, with costs to appellant.

Present: Gildebsleeve, Giegebich and Eblangeb, JJ.

Judgment reversed and complaint dismissed, with costs to appellant.

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Bluebook (online)

53 Misc. 649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/altieri-v-trotta-nysupct-1907.

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