LEIGH V. LYNTON 9 F.R.D. 28 (1949) CASE BRIEF

LEIGH V. LYNTON

9 F.R.D. 28 (1949)

NATURE OF THE CASE: Leigh (P), sublessee, filed an action against Lynton (Ds), lessees, a husband and a wife, under the Housing and Rent Act of 1947 D filed a motion to dismiss the action or to quash the return of the summons.

FACTS: D came to the United States in 1946 and moved to an apartment in Los Angeles, California. Ds as tenants entered into a lease for a term of one year ending August 31, 1947. There was an option to extend the lease for an additional period of two years. This extension privilege was exercised and, on January 1, 1948, Ds with the consent of the owners sublet to P the unexpired term of the said lease. P claims that he was forced to purchase Ds' furniture and furnishings at a price of $5,500. P sued D under the Housing and Rent Act of 1947 for treble damages. Mrs. Lynton, the wife of D, came to New York and the husband remained in California. In the spring of 1948, D came to New York and both the wife and D rented an apartment. In August, 1948, D returned to London, England, and has lived there ever since. Mrs. Lynton and a woman friend rented an apartment in the Hotel Wyndham, New York City. Mrs. Lynton resided in this hotel until October, 1948. On September 20, 1948, a Deputy Marshal served Mrs. Lynton with a copy of the summons and complaint in this action and left another copy thereof with her for her husband, D. D moved to quash the summons.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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