Lee v. Revolving Airship Tower Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by- the. defendant, the Revolving Airship Tower Company, from an order of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor of the plaintiff, entered on the 2oth day of February, 1908.
1Opinion of the Court
Hooker, J.:
The petitioner obtained a .final order in summary proceedings providing for the removal of the tenant from certain premises owned by the petitioner; upon the return day of the precept the tenant did not appear and a final order was entered against him. Later a motion was made by the tenant to open the default and to allow it to come in 'and defend.. The Municipal Court granted the motion to open the default and with its conclusion in that respect we agree; as part of the order opening the default, however, it was provided as a condition that the tenant should execute and file with…
2Cited by3 opinions
- Goldstein v. FrumkesAppellate Terms of the Supreme Court of New York · 1911
- Sutton v. BaylesAppellate Terms of the Supreme Court of New York · 1911
- Clement v. White's Express Co.Appellate Terms of the Supreme Court of New York · 1909