Rockaway Point Co. v. Friberg
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the County Court of Queens county, entered in the office of the clerk of said county on July 6, 1921, which denied the motions of the tenant and undertenants to open defaults taken in proceedings for possession of premises at Rockaway Point. The motions were heard upon affidavits of Mrs. Friberg’s two lawyers, Messrs.
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Appeal from an order of the County Court of Queens county, entered in the office of the clerk of said county on July 6, 1921, which denied the motions of the tenant and undertenants to open defaults taken in proceedings for possession of premises at Rockaway Point. The motions were heard upon affidavits of Mrs. Friberg’s two lawyers, Messrs. Byrne and Wechsler, against which was an affidavit by Mr. Johnson for the landlord, accompanied by the minutes of the court proceedings when the defendants suffered default.
1Opinion of the Court
Putnam, J.:
Naturally the disposition of these discretionary motions is influenced by the fate of the main appeals.* Had the judgment for the landlord been reversed, we might open these eases. In our view of the circumstances of the defaults, there remained no grounds for interfering with the discretion of the county judge. Hence I advise: Orders of the County Court of Queens county affirmed, with ten dollars costs and disbursements, with, however, but a single bill of 'costs in these default appeals. Blackmar, P. J., Mills, Kelly and Jayeox, JJ., concur. Orders of the County Court of Queens…
2Cases cited1 opinion
- Rockaway Point Co. v. FribergAppellate Division of the Supreme Court of the State of New York · 1921