Dana v. Thaw
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Charles E. Dana against Mary C. Thaw and another. From an order of the New York City Court, denying defendants’ motion to open their default, defendants appeal. Modified and affirmed. See 56 Misc. Rep. 612, 107 N. Y. Supp. 870.
1Per curiam
The action is for professional services as expert alienist. On October 11, 1907, judgment was entered in favor of plaintiff upon inquest. Motion was made to open defendants’ default and vacate the judgment. The motion was granted, and appeal taken to this court, and heard at December term, 1907. We reversed the order, and directed that motion be denied, with leave to renew on proper papers. See opinion by Ford, J., page 22 of record. A second motion to vacate the judgment was heard by Mr. Justice Conlan, and denied, with leave to renew.
The fatal obstacle to defendants’ efforts to vacate the…
2Cases cited1 opinion
- Clews v. PeperAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Dana v. ThawAppellate Division of the Supreme Court of the State of New York · 1908
- Empire City Iron Works v. DincinAppellate Terms of the Supreme Court of New York · 1911