Fischer v. Shugg

Appellate Terms of the Supreme Court of New York

Fischer v. Shugg

19 Misc. 2d 555, 195 N.Y.S.2d 417, 1959 N.Y. Misc. LEXIS 3549

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 4, 1959

StatusPublished

Cited by1 cases

This text of 19 Misc. 2d 555 (Fischer v. Shugg) 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

Fischer v. Shugg, 19 Misc. 2d 555, 195 N.Y.S.2d 417, 1959 N.Y. Misc. LEXIS 3549 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

Service of the notice of motion on attorneys who had no authority to appear for the landlord was not service upon the latter. Accordingly, the court had no jurisdiction to entertain the motion (cf. Bittson v. Bittson, 3 A D 2d 847).

The order dated March 23, 1959 should be reversed, with $10 costs, and final order reinstated, without prejudice to renewal of tenant’s motion to vacate final order upon proper notice to landlord.

Concur — Hoestadter, J. P., Hecht and Aurelio, JJ.

Order reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI