D'Agostino v. Bernabel

This is a summary proceeding in which a judgment was entered in the Justice’s Court of the Town of Eastchester on October 16, 1944, in favor of the landlord. On November 16,1944, the tenant appealed to the County Court of Westchester County. Despite the fact that the appeal to the County Court was not taken within twenty days, as provided by section 428 of the Justice Court Act (L. 1920, ch. 937), the County Court entertained the appeal and vacated *854and set aside the judgment, holding that it was a nullity because the thirty-day notice terminating the tenancy was not served in the manner…