Legal Opinion

Fleming v. Flanagan

Justice Court of Town of Ramapo

Decided October 16, 1998PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Arnold P. Etelson, J.

In this nonpayment summary proceeding respondent has not appeared and a warrant has been issued. The issue: Is petitioner entitled to a money judgment?

The circumstances are unusual. The process server made four attempts to serve the statutory three-day notice demanding rent and on the fourth attempt served same by conspicuous service and statutory mailing on July 24, 1998. On August 10 he made one attempt to serve the notice of petition and petition and on August 11 made two more attempts and then served them by conspicuous service and statutory…

2Cases cited7 opinions

  1. Cornwell v. . SanfordNew York Court of Appeals · 1918
  2. In re McDonaldAppellate Division of the Supreme Court of the State of New York · 1929
  3. Rainier Co. v. SmithAppellate Terms of the Supreme Court of New York · 1910
  4. Riglander v. Nile Tobacco WorksAppellate Terms of the Supreme Court of New York · 1897
  5. Walsam Fifth Avenue Development Co. v. Lions Gate Capital Corp.Civil Court of the City of New York · 1995

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Dolan v. LinnenCivil Court of the City of New York · 2003
  2. Avgush v. BerrahuAppellate Terms of the Supreme Court of New York · 2007
  3. Macerich Queens Ltd. Partnership v. M.I.E. Hospitality, Inc.Civil Court of the City of New York · 2002
  4. GRP/AG REO 2004-1, LLC v. FriedmanJustice Court of Town of Ramapo · 2005
  5. Ressa Family, LLC v. DorfmanNassau County District Court · 2002

3 more not listed; retrieve them via the Exa API.

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