Odin Holding Corp. v. Cadwell

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.