Legal Opinion

Marrero v. Escoto

Appellate Terms of the Supreme Court of New York

Decided January 23, 1990PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed, with $30 costs, and petition dismissed.

Appeal from "decision” discontinued by stipulation.

A squatter proceeding was commenced against the appellant herein. As a basis to the proceeding a 10-day notice had to be served (RPAPL 713 [3]) in the manner set forth in RPAPL 735. Under RPAPL 735 (1) such service is properly effectuated where a copy of the notice is posted conspicuously on the premises sought to be recovered and copies are sent by certified and by regular mail. In this case, the process server testified that she went to the…

2Cases cited2 opinions

  1. DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
  2. Marrero v. EscotoCivil Court of the City of New York · 1989

3Cited by3 opinions

  1. Columbus Prop. Inc. v. I S K S Realty Corp.Civil Court of the City of New York · 1994
  2. Kyriacou v. KangelarisNassau County District Court · 1996
  3. Matter of Bump v. RutterAppellate Division of the Supreme Court of the State of New York · 2022

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