Johnson v. Lawson

Case held, decision reserved and matter remitted to Hon. Lee L. Ottaway to make findings of fact. Memorandum: The trial court’s memorandum opinion contains a finding that the respondents were not given “ formal ” notice of the ejectment action and that no demand was made upon them to defend the same. Formal notice of the commencement of the action and express notice to defend are not essential to the maintenance of this action, (Browning v. *763Stillwell, 42 Misc. 346, affd. 93 App. Div. 613, affd. 182 N. Y. 538; Prescott v. Le Conte, 83 App. Div. 482.) As to whether respondents had informal…