Murrell v. Graziade
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Johannes J. Murrell against John D. Graziade. From an order of the City Court of the City of New York opening defendant’s default, plaintiff appeals.
1Opinion of the CourtBijur, J.
The defendant excuses his nonattendance by the affidavit of his attorney that the New York Daw Journal was not delivered at his office until 1 o’clock p. m. of the day on which the case appeared on the calendar at 9:45 a. m.
There is a serious defect in the moving papers, namely, the absence of any allegations showing a meritorious defense, or, indeed, any indication at all of what the defense may be. This omission is fatal. Harvey v. Gillies (Sup.) 117 N. Y. Supp. 204; Clews v. Peper, 112 App. Div. 430, 98 N. Y. Supp. 404.
Order reversed, with $10 costs and disbursements, and motion denied,…
2Cases cited2 opinions
- Clews v. PeperAppellate Division of the Supreme Court of the State of New York · 1906
- Harvey v. GilliesAppellate Terms of the Supreme Court of New York · 1909
3Cited by2 opinions
- West Electric Hair Curler Co. v. Hamilton Corp.City of New York Municipal Court · 1914
- West Electric Hair Curler Co. v. Hamilton Corp.New York Supreme Court · 1914