Steindler v. American Bonding Co.
Appellate Terms of the Supreme Court of New York
Two appeals from orders and judgment of the Municipal Court of the city of Mew York, second district, borough of Manhattan.
1Opinion of the CourtGildersleeve, J.
There are two appeals in this case:
One from a judgment entered against the defendant upon an inquest and an order denying its motion to open its default, and one from an order denying a reargument of the motion made to open such default. A judgment taken by default is not appealable. Kerr v. Walter, 104 App. Div. 45; Levenson v. Arnold, 49 Misc. Rep. 635. An appeal, however, lies from an order denying a motion to open a default. Schrenkensen v. Kroll, 85 N. Y. Supp. 1072. An examination of the affidavits used upon the motion to open the default of defendant leads ns to the conclusion that the…
2Cases cited4 opinions
- Leavitt v. KatzoffAppellate Terms of the Supreme Court of New York · 1904
- Kerr v. WalterAppellate Division of the Supreme Court of the State of New York · 1905
- Pollock v. PlattAppellate Terms of the Supreme Court of New York · 1906
- Schrenkeisen v. KrollAppellate Terms of the Supreme Court of New York · 1904