Calagna v. Green
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In an action to foreclose a mechanic’s lien, appellant interposed an answer containing a general denial and four alleged counterclaims. Plaintiff failed to reply to the counterclaims within the time limited therefor, and a subsequent motion to open his default was denied, without prejudice, because of failure to give the requisite notice of motion. Thereafter, on October 4, 1952, another motion for the same relief was denied on the merits. Plaintiff defaulted on the trial, the complaint was dismissed, and judgment was rendered in favor of appellant based upon two of its counterclaims.…
2Cases cited8 opinions
- McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930
- Platt v. New York & Sea Beach Railway Co.New York Court of Appeals · 1902
- Fitzgerald Manufacturing Co. v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1922
- Henry v. . AllenNew York Court of Appeals · 1895
- Heischober v. PolishookAppellate Division of the Supreme Court of the State of New York · 1912
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3Cited by6 opinions
- Ruben v. American & Foreign InsuranceAppellate Division of the Supreme Court of the State of New York · 1992
- De Windt v. O'LearyDistrict Court, S.D. New York · 1954
- Copperman v. LabanskyNew York Supreme Court · 1958
- Dorsey v. AbernathyNew York Supreme Court · 1961
- Domine v. StateNew York Court of Claims · 1956
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