Appellate Terms of the Supreme Court of New York, 1966

Lexington 56th Associates v. Markley

Lexington 56th Associates v. Markley
Appellate Terms of the Supreme Court of New York · Decided May 5, 1966
50 Misc. 2d 9; 269 N.Y.S.2d 563; 1966 N.Y. Misc. LEXIS 1917

Counsel

Joseph Quittner for appellants. George Mehlman and Melvin G. Levine for respondents.

Lexington 56th Associates v. Markley

Opinion of the Court

Per Curiam.

On the record, service on the doorman was insufficient to acquire jurisdiction of the tenants pursuant to section 735 of the Real Property Actions and Proceedings Law.

The final judgment should be reversed, with $30 costs, and final judgment directed in favor of tenant and undertenant dismissing the petition, with costs.

Concur — Tilzer, J. P., Hoestadter and Cold, JJ.

Final judgment reversed, etc.

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