30 Misc. 119
Appellate Terms of the Supreme Court of New York
Decided December 15, 1899
Appellate Terms of the Supreme Court of New York · decided 1899-12-15
<p>1. Actions for rent — Former judgment in summary proceedings.</p> <p>A default judgment, obtained by a landlord in summary proceedings, is conclusive as to the validity of the lease, the occupation, and that rent was due; and hence, where the landlord subsequently sues for the rent, the tenant presents no defense by pleading a surrender of the premises and an acceptance thereof, occurring prior to the judgment by default.</p> <p>3. Summary proceedings — Service of precept by posting.</p> <p>Service of a precept, in summary proceedings, by affixing a copy upon a conspicuous part of the property, is not violative of the tenant's rights.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1899-12-15
Cited by 12 later decisions — most recently March 1982
2 federal appellate · 10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1(concurring). I concur in the reversal of the judgment, because -the judgment entered upon default established the existence of a valid lease, the relation of landlord and tenant and an indebtedness, in some amount, for rent. The objection to the manner of service of the precept, being merely an attempt to raise a collateral issue, is not, in my opinion, to be entertained upon this appeal.
¶2Judgment reversed" and new trial ordered, with costs to appellant to abide event.