Lerner v. Wagner
Appellate Terms of the Supreme Court of New York
Appeal from municipal court, borough of Manhattan, Ninth district. Action by Aaron Lerner against Max Wagner and another. Judgment for defendants, and plaintiff appeals.
1Opinion of the CourtScott, J.
The statute requires that the order of a justice opening a default and setting aside, vacating, or modifying a judgment entered thereon shall recite and contain the grounds for the order. The order made in the present case undertakes to compfy with this rule by reciting that, “The ground for opening of the said default being that the defendants have a trial and a day in court in the above action.” This may be a reason why the justice was inclined to make the order, but it certainly does not state the grounds upon which he did so. It was therefore defective, and must be reversed. Stivers v.…
2Cases cited1 opinion
- Stivers v. RittAppellate Terms of the Supreme Court of New York · 1899