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

Appellate Terms of the Supreme Court of New York·Decided November 29, 1907·Published

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. •

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

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107 N.Y.S. 49 (Moss Realty Co. v. Di Crisci) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.