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Companelli v. Romono
140 Misc. 72
N.Y. App. Term.
1930
Check Treatment
Per Curiam.

Appeal dismissed, with ten dollars costs. The summons was “ substantially ” in the form prescribed by section 20 of the Municipal Court Code. The mistake in the number of the district was a mere irregularity. (Krulewitch v. Pecarsky, 159 N. Y. Supp. 827.) The address of the clerk having been correct, the defendant could not have been misled. The judgment entered upon service of the summons was, therefore, valid, and the order denying the motion to vacate it is not appealable. (Mun. Ct. Code, § 154.)

All concur; present, Cropsey, MacCrate and Lewis, JJ.

Case Details

Case Name: Companelli v. Romono
Court Name: Appellate Terms of the Supreme Court of New York
Date Published: Mar 15, 1930
Citation: 140 Misc. 72
Court Abbreviation: N.Y. App. Term.
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