EDAVIEL CORP. v. BOYKIN


205 Misc. 622 (1954)

Edaviel Corp., Landlord, Respondent, v. Patricia Boykin, Tenant and Third-Party Plaintiff-Respondent. William A. Boykin, Jr., Third-Party Defendant-Appellant.

Supreme Court, Appellate Term, First Department.

February 18, 1954.


Attorney(s) appearing for the Case

Caesar L. Pitassy and Justin W. D'Atri for third-party defendant-appellant.

Edward S. Friedland for third-party plaintiff-respondent.

Samuel Pecker for respondent.

HAMMER and HECHT, JJ., concur; HOFSTADTER, J., dissents in opinion.


Per Curiam.

The summary statute (Civ. Prac. Act, § 1425) provides: "If the precept contain a notice that demand is made in the petition for a judgment for rent in arrears, and the precept is served at least five days before the return day thereof, the court, upon rendering a final order, may determine the amount of rent due to the petitioner and give judgment for the amount found to be due."

There is no provision in the summary statute for third...

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