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19 Misc. 2d 555

Fischer v. Shugg

Appellate Terms of the Supreme Court of New York · decided 1959-06-04

Decided 1959-06-04

Per Curiam.

¶1Service of the notice of motion on attorneys who had no authority to appear for the landlord was not service upon the latter. Accordingly, the court had no jurisdiction to entertain the motion (cf. Bittson v. Bittson, 3 A D 2d 847).

¶2The order dated March 23, 1959 should be reversed, with $10 costs, and final order reinstated, without prejudice to renewal of tenant’s motion to vacate final order upon proper notice to landlord.

¶3Concur — Hoestadter, J. P., Hecht and Aurelio, JJ.

¶4Order reversed, etc.

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