Addressograph Co. v. H. B. Goetchius & Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by the Addressograph Company against H. B. Goetchius & Co. From an order of the Municipal Court of the City of New York, refusing to open a default judgment, defendant appeals. Affirmed. Argued before SEABURY, GUY, and COHARAN, JJ.
1Per curiam
This is an appeal from an order denying a motion to open a default, and to vacate a judgment of the Municipal Court, rendered in favor of the plaintiff against the defendant. The moving papers do not contain either an affidavit of merits or a proposed answer, and presumably for this reason the motion was denied. Schumpp v. Interurban Ry. Co., 81 App. Div. 576, 81 N. Y. Supp. 366; Reid v. Jackson’s Exp. Co., 107 N. Y. Supp. 633; Bloch v. Weinstein, 113 N. Y. Supp. 1067.
Order affirmed, with costs, with leave to defendant to renew in the court below upon proper papers.
2Cases cited3 opinions
- Schumpp v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Bloch v. WeinsteinAppellate Terms of the Supreme Court of New York · 1909
- Reid v. Jackson's Baggage ExpressAppellate Terms of the Supreme Court of New York · 1907