Appellate Terms of the Supreme Court of New York, 1957

Alcalde v. Butler

Appellate Terms of the Supreme Court of New York · Decided October 31, 1957

9 Misc. 2d 269; 171 N.Y.S.2d 707; 1957 N.Y. Misc. LEXIS 2271

Counsel

Jules Ornstein for appellant., Charles B. Lewis for respondent.

Opinion of the Court

Per Curiam.

Since the court below found the summons was not served upon defendant, it was compelled to vacate and set aside the judgment, pursuant to subdivision 1 of section 129 of the Municipal Court Code. Subdivision 2 of this section refers to the opening of a judgment taken by default after proper service of a summons.

The orders should be affirmed, with $10 costs.

Hoestadter, Aurelio and Tilzer, JJ., concur.

Orders affirmed, etc.

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