Legal Opinion

Fong Ming v. Fong Ling

Appellate Terms of the Supreme Court of New York

Decided April 10, 1908Published

Appeal from Municipal Court, Borough of Manhattan, First District. Action by Fong Ming against Fong Ling. Judgment for plaintiff by default, and defendant appeals. Appeal dismissed.

1Per curiam

The appeal herein is taken from a judgment entered against the defendant upon his default. An appeal will not lie in such a case. Benvenuta v. Candeloro, 43 Misc. Rep. 684, 88 N. Y. Supp. 357. The remedy of the defendant is to move to open his default.

Appeal dismissed, with $10 costs.

2Cases cited1 opinion

  1. Benvenuta v. CandeloroAppellate Terms of the Supreme Court of New York · 1904