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Havemyer v. Luttinger

155 Misc. 586, 280 N.Y.S. 76, 1935 N.Y. Misc. LEXIS 1194
CourtAppellate Terms of the Supreme Court of New York
DecidedMay 21, 1935
StatusPublished
Cited by3 cases

This text of 155 Misc. 586 (Havemyer v. Luttinger) 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
Havemyer v. Luttinger, 155 Misc. 586, 280 N.Y.S. 76, 1935 N.Y. Misc. LEXIS 1194 (N.Y. Ct. App. 1935).

Opinion

Per Curiam.

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.

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Cite This Page — Counsel Stack

Bluebook (online)
155 Misc. 586, 280 N.Y.S. 76, 1935 N.Y. Misc. LEXIS 1194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/havemyer-v-luttinger-nyappterm-1935.