ALCALDE v. BUTLER


9 Misc.2d 269 (1957)

Mario Alcalde, Appellant, v. Robert Butler, Respondent.

Supreme Court, Appellate Term, First Department.

October 31, 1957.


Attorney(s) appearing for the Case

Jules Ornstein for appellant.

Charles R. Lewis for respondent.

HOFSTADTER, AURELIO and TILZER, JJ., concur.


Per Curiam.

Since the court below found the summons was not served upon defendant, it was compelled to vacate and set aside the judgment, pursuant to subdivision 1 of section 129 of the Municipal Court Code. Subdivision 2 of this section refers to the opening of a judgment taken by default after proper service of a summons.

The orders should be affirmed, with $10 costs.

Orders...

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