Legal Opinion
Altieri v. Trotta
New York Supreme Court
Decided April 15, 1907Published
Appeal by the defendant from a judgment in favor of the plaintiff rendered in the Municipal Court of the city of New York, sixth district, borough of Manhattan.
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. Mun. Ct. Act., § 311; 49 Misc. Rep. 456.
*650The judgment must be held to be invalid, and reversed and complaint dismissed, with costs to appellant.
Present: Gildebsleeve, Giegebich and Eblangeb, JJ.
Judgment reversed and complaint dismissed, with costs to appellant.
2Cases cited1 opinion
- Diehl v. SteeleAppellate Terms of the Supreme Court of New York · 1906