Hedden v. Nederburg
Appellate Terms of the Supreme Court of New York
Appeal by the tenant from a final order in summary proceedings made in the Municipal Court of the City of Hew York, eighth district, borough of Manhattan.
1Opinion of the CourtLeventritt, J.
On a previous appeal to this court the final oi'der obtained by the landlord was reversed because of failure to prove service on the tenant, whose term was from month to month, of the statutory five days’ notice. Hedden v. Nederburg, 25 Misc. Rep. 722; 55 N. Y. Supp. 613. On the retrial the omission was supplied but the tenant now appeals urging a series of technical objections which even, were they not trivial and frivolous, we should disregard in the interest of substantial justice. Code Civ. Pro., § 3063. No defense was interposed, the tenant’s efforts being solely directed against the…
2Cases cited1 opinion
- Hedden v. NederburgAppellate Terms of the Supreme Court of New York · 1899