Odin Holding Corp. v. Cadwell

Appellate Terms of the Supreme Court of New York

Odin Holding Corp. v. Cadwell

153 Misc. 426, 275 N.Y.S. 98, 1934 N.Y. Misc. LEXIS 1760

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 31, 1934

StatusPublished

This text of 153 Misc. 426 (Odin Holding Corp. v. Cadwell) 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

Odin Holding Corp. v. Cadwell, 153 Misc. 426, 275 N.Y.S. 98, 1934 N.Y. Misc. LEXIS 1760 (N.Y. Ct. App. 1934).

Pincite

Opinion

Per Curiam.

The tenant not having been served with a copy of the judgment and notice of entry thereof, the motion for a new trial was timely made. (Mun. Ct. Code, § 129, subd. 3.) The fact that the tenant removed from the premises did not relieve the landlord of the duty to serve a copy of the judgment with notice of entry upon the tenant in order to start the latter’s time to move for a new trial.

Order reversed, final order and judgment vacated and new trial ordered, with thirty dollars costs to appellant to abide the event.

Appeal from order denying reargument dismissed.

All concur; present, Lydon, Callahan and Shientag, JJ.

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Per Curiam.

The tenant not having been served with a copy of the judgment and notice of entry thereof, the motion for a new trial was timely made. (Mun. Ct. Code, § 129, subd. 3.) The fact that the tenant removed from the premises did not relieve the landlord of the duty to serve a copy of the judgment with notice of entry upon the tenant in order to start the latter’s time to move for a new trial.

Order reversed, final order and judgment vacated and new trial ordered, with thirty dollars costs to appellant to abide the event.

Appeal from order denying reargument dismissed.

All concur; present, Lydon, Callahan and Shientag, JJ.

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Bluebook (online)

153 Misc. 426, 275 N.Y.S. 98, 1934 N.Y. Misc. LEXIS 1760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odin-holding-corp-v-cadwell-nyappterm-1934.