Zipser v. Dunst
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Max A. Zipser against Isaac Dunst. From a final order on a directed verdict in summary proceedings in favor of plaintiff, defendant appeals. Reversed, and new trial ordered.
1Per curiam
This is the second trial of this matter. On the first trial the court below directed a verdict, and the order was reversed on the ground that there was a controverted question of fact as to the surrender and acceptance that should have been submitted to the jury. 153 N. Y. Supp. 394. Upon this trial the notice, dated November 30th, served upon the subtenants by the landlord, was at first received in evidence, but when it appeared from .the testimony of the marshal that he served the notice on December 1st, a half hour after he had served the precept herein on the tenant, the notice was…
2Cases cited1 opinion
- Zipser v. DunstAppellate Terms of the Supreme Court of New York · 1915