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FISCHER v. SHUGG

19 Misc.2d 555 (1959)

Marcus Fischer, Appellant, v. Walter I. Shugg, Jr., Respondent.

Supreme Court, Appellate Term, First Department.

June 4, 1959.

Attorney(s) appearing for the Case

Fried, Beck, Tannebaum & Field (Abbie Goldstein of counsel). for appellant.

Levine, Spitz & Melloni (Philip Sherman of counsel), for respondent.

Concur — HOFSTADTER, J. P., HECHT and AURELIO, JJ.

Per Curiam.

Service 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).

The 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...

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