Goldstein v. Frumkes
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Muncipal Court of the city of Eew York, borough of Manhattan, eighth district, rendered in favor of the plaintiff and from an order granting his motion to open his default, on condition that he pay $10 to plaintiff, and, if these terms are not complied with, denying the motion.
1Opinion of the CourtLehman, J.
The defendant appeals from a default judgment, entered on the 21st day of April, 1911, and from, an order denying his motion to open the default herein unless he pays ten dollars costs. The appeal from the judgment must be dismissed, because no appeal lies from a default judgment. The respondent also claims that the appeal from the order must be dismissed because, under section 25'7 of the Municipal Court Act, “ no appeal shall lie in the first instance from *451an order opening a default and vacating a judgment entered thereon.” In this contention I do not agree. The defendant never complied…
2Cases cited6 opinions
- Koransky v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1910
- Thompson v. Hudson BuildingAppellate Terms of the Supreme Court of New York · 1908
- Lee v. Revolving Airship Tower Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Mann v. HefterAppellate Terms of the Supreme Court of New York · 1911
- Sutton v. BaylesAppellate Terms of the Supreme Court of New York · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wadler v. KarpelAppellate Terms of the Supreme Court of New York · 1912
- Wolff v. SternAppellate Terms of the Supreme Court of New York · 1914
- Bais v. NashAppellate Terms of the Supreme Court of New York · 1916
- Schrenk & Co. v. GurfeinAppellate Terms of the Supreme Court of New York · 1913