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Iles v. Reynecke

268 A.D. 909 Court N.Y. App. Div. Decision date 1944-11-06 English

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p. 909
Alfred H. Iles, as Receiver, Respondent, v. Estelle Reynecke, Appellant.

Defendant in an action for rent appeals from an order of the County Court, Westchester County, which affirmed a default judgment in favor of plaintiff rendered by a Justice of the Peace in Yonkers. Resettled order unanimously affirmed, without costs. The procedure adopted by appellant in the County Court was, in effect, an application to open her default in the court below, and the jurisdictional defect was waived. Present — Close, P. J., Hagarty, Carswell, Johnston and Lewis, JJ.