Henninger v. Clay

Full title: RUDOLPH HENNINGER, Landlord, Respondent, v. JOHN CLAY, Tenant, Appellant

Court: Supreme Court, Appellate Term, Second Department

Date published: Dec 19, 1956

4 Misc. 2d 795 (N.Y. App. Term 1956)

162 N.Y.S.2d 230

Opinion

December 19, 1956

Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, MURRAY H. PEARLMAN, J.

Lawrence M. Honig for appellant.

Milton Gelman for respondent.

Per Curiam.

According to the testimony the rent was due and payable on September 29, 1956. The tenant was not in default until the end of that day; therefore the service of the petition and precept on September 29, 1956 was premature.

The final order and judgment should be unanimously reversed, upon the law and facts, with $10 costs to tenant, and petition dismissed.

PETTE, HART and DI GIOVANNA, JJ., concur.

Final order and judgment reversed, etc.