Felleni v. Cini

A summary proceeding in which a final order awarding possession of the premises to the landlord was made. The tenant, by an attorney appearing specially, moves to vacate the final order, upon the ground that the tenant was not served. The motion was denied upon the ground that the court was without power to entertain the motion unless the tenant submitted himself to the jurisdiction of the court, so that, in the event of such motion being granted, the court could set the case down for trial as mentioned in section 253 of the Municipal Court Act. Decisions have been made both ways. The earlier…