Uptown Transportation Corp. v. Fisk Discount Corp.

This unusual motion by the defendant, under section 522 of the Civil Practice Act, aims to set aside as excessive a summary judgment. The judgment was entered on March 13, 1934, and is for the sum of $29,243.85. The defendant makes the extraordinary contention that although it acquiesced in the amount claimed by the plaintiff, it discovered, after the entry of judgment, after a motion for reargument was granted and the original decision *470adhered to, and after a stay pending an appeal was denied, that the amount of the judgment is excessive in the sum of $5,625.

The action was based on section…