Dana v. Thaw
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order of the Special Term of the City Court of the city of Mew York, granting defendants’ motion to vacate a judgment entered upon an inquest.
1Opinion of the CourtFord, J.
Plaintiff appeals from an order vacating a judgment against defendants rendered upon default and after *613inquest taken. The moving papers show facts upon which the court might-easily have excused the default. They also contain an affidavit of merits and a verified answer. But they do not shed a ray of light upon what defense the defendants have. This omission is the more significant in view of the sworn statement of defendants’ counsel that he believes they have a good and substantial defense upon th^ merits “from his own personal knowledge of the facts in the case.” Those are the facts which…
2Cases cited6 opinions
- Davis v. SolomonAppellate Terms of the Supreme Court of New York · 1899
- Lawrence v. . FarleyNew York Court of Appeals · 1878
- Clews v. PeperAppellate Division of the Supreme Court of the State of New York · 1906
- Burnell v. ColesAppellate Terms of the Supreme Court of New York · 1898
- Deane v. LoucksNew York Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fitzgerald Manufacturing Co. v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1922
- Dewey v. MorrisNew York Supreme Court · 1919
- Harvey v. GilliesAppellate Terms of the Supreme Court of New York · 1909
- Abelow v. Bradley Contracting Co.Appellate Terms of the Supreme Court of New York · 1916
- De Marco v. McConnellNew York Supreme Court · 1932
3 more not listed; retrieve them via the Exa API.