Allen v. Hungarian Mother's Club, Inc.

The defendant moved under section 20 of the Buffalo City Court Act* to vacate a default judgment which the plaintiff had taken and entered against it. Section 46 of said act has no application to the motion in hand. Inasmuch as section 20 prescribes no procedure for the opening of default judgments, the applicable provisions of the Civil Practice Act and the Rules of Civil Practice are to be resorted to. (City Court Act, § 56; Continental Purchasing Co., Inc., v. Woodworth, 239 App. Div. 638.) Under rule 60 of the Rules of Civil Practice, the City Court has the power to grant an order to show…