Havemyer v. Luttinger
155 Misc. 586, 280 N.Y.S. 76, 1935 N.Y. Misc. LEXIS 1194
Opinion
If the precept herein was not personally served, as claimed by the landlord, the judgment for rent should have been vacated. (Matter of McDonald, 225 App. Div. 403.) It was improper to require the tenant to deposit rent as a prerequisite to having the issue of service determined.
Order modified by striking out the conditions imposed, and as modified affirmed, with ten dollars costs to appellant, and trial of service of process set down for May 28, 1935.
All concur; present, Hammer, Callahan and Shientag, JJ.
Free access — add to your briefcase to read the full text and ask questions with AI
Havemyer v. Luttinger, 155 Misc. 586, 280 N.Y.S. 76, 1935 N.Y. Misc. LEXIS 1194 (N.Y. Ct. App. 1935).
155 Misc. 586 (Havemyer v. Luttinger) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Dolan v. Linnen
195 Misc. 2d 298 (Civil Court of the City of New York, 2003)
215 Bush Street Co. v. Jose
146 Misc. 2d 997 (Civil Court of the City of New York, 1990)
Wayside Homes, Inc. v. Upton
40 Misc. 2d 1087 (New York District Court, 1963)