FLEMING v. FLANAGAN


178 Misc.2d 723 (1998)

680 N.Y.S.2d 427

Paul Fleming, as Executor of James E. Fleming, Deceased, Petitioner, v. Timothy V. Flanagan et al., Respondents.

Justice Court of Town of Ramapo, Rockland County.

October 16, 1998


Attorney(s) appearing for the Case

Linda Christopher, P. C., Nyack (Gregg A. Coffey of counsel), for petitioner.


ARNOLD P. ETELSON, J.

In this nonpayment summary proceeding respondent has not appeared and a warrant has been issued. The issue: Is petitioner entitled to a money judgment?

The circumstances are unusual. The process server made four attempts to serve the statutory three-day notice demanding rent and on the fourth attempt served same by conspicuous service and statutory mailing on July 24, 1998. On...

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