Mullane v. Roberge
Appellate Terms of the Supreme Court of New York
Appeal from final order in summary proceedings made by the justice of the Eleventh Judicial District Court, in favor of -the plaintiff, upon default of appearance by the defendant.
1Opinion of the CourtBischoff, J.
TJpon the plaintiff’s verified petition setting forth the fact of nonpayment of rent due, a precept in summary proceedings was issued, returnable the 8th day of February, 1897, at 8:45 a. m., and was duly served upon the defendant, for whose failure to appear upon the return day at the time specified, a final order was made awarding possession of the premises to the plaintiff, as prayed for by the petition.
Subsequently a motion to open the default and for leave to serve an answer was made before the justice,' which motion was denied, and this appeal from the final order was taken, based upon…
2Cases cited1 opinion
- Jewell v. HeinzelNew York Court of Common Pleas · 1876