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Lexington 56th Associates v. Markley

50 Misc. 2d 9 Court Supreme Court, Appellate Term, First Department, Decision date 1966-05-05 English

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p. 9
Lexington 56th Associates et al., Respondents, v. Elvira M. Markley et al., Appellants.
Supreme Court, Appellate Term, First Department,
May 5, 1966.
Joseph Quittner for appellants. George Mehlman and Melvin G. Levine for respondents.

On the record, service on the doorman was insufficient to acquire jurisdiction of the tenants pursuant to section 735 of the Real Property Actions and Proceedings Law.

The final judgment should be reversed, with $30 costs, and final judgment directed in favor of tenant and undertenant dismissing the petition, with costs.

Concur — Tilzer, J. P., Hoestadter and Cold, JJ.

Final judgment reversed, etc.