Henninger v. Clay
4 Misc. 2d 795 | N.Y. App. Term. | 1956
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 G-iovanna, JJ., concur.
Final order and judgment reversed, etc.
