Moss Realty Co. v. Di Crisci

Appellate Terms of the Supreme Court of New York

Moss Realty Co. v. Di Crisci

107 N.Y.S. 49

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 29, 1907

StatusPublished

This text of 107 N.Y.S. 49 (Moss Realty Co. v. Di Crisci) 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

Moss Realty Co. v. Di Crisci, 107 N.Y.S. 49 (N.Y. Ct. App. 1907).

Pincite

Opinion

PER CURIAM.

The remedy of the defendant Colluci lies in a motion to open his default. The two tenants not served are entitled to the relief afforded by an appeal. The petition does not disclose the relation existing between the tenants, and personal service of the precept should have been made upon them individually. As to the tenants Di Crisci and Laino, therefore, the final order should be reversed.

Appeal dismissed as to appellant Colluci, and final order reversed as to appellants Di Crisci and Laino. •

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PER CURIAM.

The remedy of the defendant Colluci lies in a motion to open his default. The two tenants not served are entitled to the relief afforded by an appeal. The petition does not disclose the relation existing between the tenants, and personal service of the precept should have been made upon them individually. As to the tenants Di Crisci and Laino, therefore, the final order should be reversed.

Appeal dismissed as to appellant Colluci, and final order reversed as to appellants Di Crisci and Laino. •

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Bluebook (online)

107 N.Y.S. 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moss-realty-co-v-di-crisci-nyappterm-1907.