Legal Opinion

Leland House, Inc. v. Wigfall

Appellate Terms of the Supreme Court of New York

Decided January 23, 1979PublishedCited by 6 opinions

1Opinion of the Court

*356OPINION OF THE COURT

2Per curiam

Final judgment of possession entered June 23, 1978 (Andreacchi, J.), restoring the tenant to possession of the subject premises, is affirmed with $25 costs.

The court below, while concluding that the process server had both affixed the dispossess notice to the tenant’s door and mailed it to tenant, found, upon the basis of the testimony of a post-office employee, that there was proof the tenant never received the certified letter containing the dispossess notice. So finding, the court held that proper service was not effectuated, and the tenant must be restored to…

3Cases cited2 opinions

  1. Dobkin v. ChapmanNew York Court of Appeals · 1968
  2. Garsen v. HohenleitnerAppellate Terms of the Supreme Court of New York · 1973

4Cited by6 opinions

  1. Fish v. SimpsonCivil Court of the City of New York · 1984
  2. D. U. Fourth Realty Co. v. MeredithCivil Court of the City of New York · 1983
  3. Silverstein v. DiazCivil Court of the City of New York · 1984
  4. Kahn v. SosinCivil Court of the City of New York · 1985
  5. Guzzardo v. LanghorstCivil Court of the City of New York · 1987

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