Smith v. Fleischman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. Joseph Fleischmah, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of- the clerk of the county of Hew York on the 16th day of March, 189Y, denying, his ■ motion to resettle a prior order, made; by the same justice presiding at said Special Term.
1Opinion of the Court
Rumsey, J.:
The demand-for. relief in the notice, of motion to vacate the clerk’s certificate was for an order to vacate “ the clerk’s certificate contained in said appeal book, and ■ for such other or further relief, as to the court may seem, just and ’ proper.” The defendant did not appear upon the hearing of the. motion, and the order entered upon his: default vacated the clerk’s certificate, with ten dollars costs to the *533plaintiff against the defendant Fleisclnnan. This order was irregular. Where the default of the party has been taken under a notice of motion served upon him, the moving…
2Cases cited2 opinions
- Crippen v. IngersollNew York Supreme Court · 1833
- Northrop v. Van DusenNew York Supreme Court · 1850
3Cited by2 opinions
- In re the Trusteeship under a Certain Indenture of Mortgage MadeAppellate Division of the Supreme Court of the State of New York · 1906
- Lewis v. Jewish Guild for the BlindAppellate Division of the Supreme Court of the State of New York · 1969