Appellate Division of the Supreme Court of New York, 1944

Iles v. Reynecke

Iles v. Reynecke
Appellate Division of the Supreme Court of New York · Decided November 6, 1944
268 A.D. 909; 51 N.Y.S.2d 18; 1944 N.Y. App. Div. LEXIS 4207
Iles v. Reynecke

Opinion of the Court

Defendant in an action for rent appeals from an order of the County Court, Westchester County, which affirmed a default judgment in favor of plaintiff rendered by a Justice of the Peace in Yonkers. Resettled order unanimously affirmed, without costs. The procedure adopted by appellant in the County Court was, in effect, an application to open her default in the court below, and the jurisdictional defect was waived. Present — Close, P. J., Hagarty, Carswell, Johnston and Lewis, JJ.

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