OPPENHEIM v. SPIKE


107 Misc.2d 55 (1980)

Geraldine Oppenheim, as Attorney for Jaimar Associates, Respondent, v. Richard Spike, Respondent, and Lior Grinberg, Appellant. Richard Spike, Petitioner, and Lior Grinberg, Appellant, v. Jaimar Associates, Respondent.

Supreme Court, Appellate Term, First Department.

July 11, 1980


Attorney(s) appearing for the Case

Stolar, Alterman & Gulielmetti (Paul A. Gulielmetti of counsel), for appellant. Abrams Lerner Kisseloff & Kissin (Jack Newton Lerner of counsel), for respondent.

Concur: DUDLEY, P. J., RICCOBONO and ASCH, JJ.


Per Curiam.

Order entered November 17, 1977 is reversed, with $10 costs; the final judgment entered by default on August 5, 1977 is vacated and the petition is dismissed.

The court below refused to consider the circumstances surrounding the default that resulted in a judgment of possession and the execution of a warrant of eviction, upon the ground that it lacked jurisdiction to do so after execution of the...

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