Hotel Touraine, Inc. v. Waite
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment and order of the Municipal Court of the city of New York, first district, borough of Manhattan.
1Opinion of the CourtMacLean, J.
The defendant appeals from the judgment rendered herein in favor' of the plaintiff, in an action to recover rent alleged to be due pursuant to agreement, and from an order indorsed on the original papers herein, denying the motion to vacate the writ of attachment issued in this action. Iff either summons nor notice of entry of judgment has ever been served personally upon the defendant, who appeared only for the purpose of the motion. The judgment is, therefore, appealable (Dixon v. Carrucci, 49 Misc. Rep. 222), and likewise the order; and, it not appearing from the original papers upon which…
2Cases cited1 opinion
- Dixon v. CarrucciAppellate Terms of the Supreme Court of New York · 1906
3Cited by1 opinion
- Appleton v. RoseAppellate Terms of the Supreme Court of New York · 1915