Moran v. Helf
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward P. Moran, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of March, 1900, directing him to receive the unverified answer of the defendant.
1Opinion of the Court
'Hatch, J.:
• The order which was made extending the defendant’s time to-answer was probably irregular, but’it was-not void, and the plaintiff never having appealed therefrom or taken other steps to procure it. to be vacated, it was valid and operated to extend the defendant’s--time to answer.
The averments contained in the complaint are positive, nothing-being alleged upon information and belief, and the verification is that these allegations are true.. This, therefore, constitutes a complete verification under section 526 of the Code of Civil Procedure. (Matter of Macaulay, 94 N. Y. 574.)
■ So…
2Cases cited1 opinion
- Matter of Application, Etc., of MacAulayNew York Court of Appeals · 1884
3Cited by5 opinions
- Treen Motors Corp. v. Van PeltNew York Supreme Court · 1919
- Morris v. FowlerAppellate Division of the Supreme Court of the State of New York · 1904
- Bowery Savings Bank v. WardNew York Supreme Court · 1919
- Crimmins v. PolhemusCity of New York Municipal Court · 1947
- Beglin v. People's Trust Co., New York County Courts1905