Hyperlawhypertext legal database Nave v. Kriete 109 N.Y.S. 719

← Cases

Nave v. Kriete

109 N.Y.S. 719 Court N.Y. App. Term Decision date 1908-04-10 English

Contents

Majority

p. 719
NAVE v. KRIETE et al.
(Supreme Court, Appellate Term.
April 10, 1908.)

Headnote

Courts—Municipal Coubts—Appeal—Defective Recobd.
Where, on appeal to the Appellate Term from a Municipal Court judgment, the return was defective for failure to contain the complaint and answer, the record would be returned to the files of the court for correction.
Appeal from Municipal Court, Borough of Manhattan, Twelfth District.
Action by Mark D. Nave against Otto Kriete and another. From a Municipal Court judgment for plaintiff, defendants appeal. Record returned to files for correction.
Argued before GILDERSLEEVE, P. J., and SEABURY and DAYTON, JJ.
p. 720
Holm, Whitlock & Scarff, for appellants.
Henry Brill, for respondent.

The return herein is defective, in that there is no complaint or answer therein.

Record returned to files of the court to await such action as counsel may deem proper.