Altieri v. Trotta
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Arcangello Altieri against Pasquale Trotta. From a judgment for plaintiff, defendant appeals. Reversed.
1Per curiam
The judgment was taken by default: The defendant appeals on the ground that he never was served with the summons and has never appeared in the action. This claim seems to be supported by a preponderance of proof. The defendant has adopted the proper practice in appealing directly to this court. Municipal Court Act, Laws 1902, p. 1578, c. 580, § 311; Austin v. Columbia Lubricants Co. (Sup.) 85 N. Y. Supp. 362; Diehl v. Steele, 49 Misc. Rep. 456, 97 N. Y. Supp. 1024.
The judgment must be held to be invalid, and reversed, and complaint dismissed, with costs to appellant.
2Cases cited2 opinions
- Austen v. Columbia Lubricants Co.Appellate Terms of the Supreme Court of New York · 1903
- Diehl v. SteeleAppellate Terms of the Supreme Court of New York · 1906