Appellate Terms of the Supreme Court of New York, 1935

Havemyer v. Luttinger

Appellate Terms of the Supreme Court of New York · Decided May 21, 1935

155 Misc. 586; 280 N.Y.S. 76; 1935 N.Y. Misc. LEXIS 1194

Counsel

Sidney S, Levine, for the appellant., Ryan & Lyttle, for the respondent.

Opinion of the Court

Per Curiam.

If the precept herein was not personally served, as claimed by the landlord, the judgment for rent should have been vacated. (Matter of McDonald, 225 App. Div. 403.) It was improper to require the tenant to deposit rent as a prerequisite to having the issue of service determined.

Order modified by striking out the conditions imposed, and as modified affirmed, with ten dollars costs to appellant, and trial of service of process set down for May 28, 1935.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.