UPTOWN REALTY UNLIMITED LLC v. LOVELACE

3376, 110534/08.

77 A.D.3d 499 (2010)

908 N.Y.S.2d 585

UPTOWN REALTY UNLIMITED LLC, Appellant, v. RAFAEL LOVELACE, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 19, 2010.


A stipulation between the parties in another action provided that defendant's counsel in that action must be served with a summons and complaint seeking rent arrears. The motion court properly found that the stipulation was not applicable to this action; it did not waive the requirement of service on defendant and plaintiff was unable to prove service of the instant summons and complaint on defendant. The pro se defendant's opposition to the motion is construed as an application...

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