Legal Opinion

Oppenheimer v. Demuth Glass Manufacturing Co.

Appellate Terms of the Supreme Court of New York

Decided November 15, 1907Published

Appeal from an order of the Municipal Court of the city of Hew York, seventh district, borough of Manhattan, granting a motion to vacate and set aside a judgment in favor of plaintiff on the conditions contained in said order, and to review the judgment vacated by said order.

1Per curiam

Judgment having been entered against the defendant by default, it moved to vacate the same and for leave to defend. The motion was granted “ on the defendant depositing within three days the full amount of the judgment with the clerk.” Ten dollars costs were awarded plaintiff to abide the event of the action. The defendant appeals from so much of the order as imposed the condition mentioned, “ and from each and every part of said order.” It also recites in its notice of appeal that it intends to bring up for review the judgment entered in favor of plaintiff. The order of vacatur was entered…

2Cases cited2 opinions

  1. Raymond v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1906
  2. Benvenuta v. CandeloroAppellate Terms of the Supreme Court of New York · 1904

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