McDonald v. Hutter

I have examined the propositions involved in. the appeal in the above-entitled matter. Notwithstanding the decision of Brambir v. Seifert (127 Misc. 603), I affirm the judgment of the court below upon the opinion rendered in that court.

The following is the opinion of the court below:

Tucker, City Judge.

The 1924 amendment of section 1425 of the Civil Practice Act provides: “ If the precept contain a notice that demand is made in the petition for a judgment for rent in arrears, and the precept is served at least five days before the return day thereof, the Court, upon rendering a final order,…