Legal Opinion

Edelstein v. Oxman

City of New York Municipal Court

Decided April 27, 1939Published

1Opinion of the Court

Wendel, Ch. J.

Motions No. 31 and No. 32 of April 18, 1939, are consolidated.

It seems that the confession of judgment in favor of Nathan Rubin -was filed with the clerk of the Bronx Municipal Court, Second District, on March 15, 1939, but it was not entered by the clerk on that date due to some inadvertence. A judgment should be considered entered as of the date all papers in proper form were submitted to the clerk, and the proper fee paid. Therefore, *553it is proper to consider the Rubin judgment entered as of March 15, 1939, and an order has, in fact, been made by a justice of the Municipal…

2Cases cited5 opinions

  1. Van Alstyne v. . CookNew York Court of Appeals · 1862
  2. Whitney v. . TownsendNew York Court of Appeals · 1876
  3. Lythgoe v. LythgoeNew York Supreme Court · 1894
  4. Belfer v. LudlowNew York Supreme Court · 1910
  5. Miller v. Clayton Coffee Pot, Inc.Appellate Division of the Supreme Court of the State of New York · 1933

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