Fitzgerald Manufacturing Co. v. Alexander
Appellate Division of the Supreme Court of the State of New York
Appeal.by the plaintiff, The Fitzgerald Manufacturing Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of July, 1921, vacating and setting aside a judgment by default in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of December, 1920, and permitting the defendant to interpose an answer and defend.
1Opinion of the Court
Merrell, J.:
The defendant moved to open her default and for leave to defend, pursuant to the provisions of section 445 of the Code of Civil Procedure. That section provides as follows: “ Where the summons is served, pursuant to an order made as prescribed in this article, in any other manner than personally without the State, and the defendant so served does not appear, * * * such defendant, or his representatives, must, in like manner, upon good cause shown, and upon just terms, be allowed to defend, after final judgment, at any time within one year after personal service of written notice…
2Cases cited4 opinions
- Rothschild v. HavilandAppellate Division of the Supreme Court of the State of New York · 1916
- Heischober v. PolishookAppellate Division of the Supreme Court of the State of New York · 1912
- Dana v. ThawAppellate Terms of the Supreme Court of New York · 1907
- Deane v. LoucksNew York Supreme Court · 1890
3Cited by20 opinions
- Benadon v. AntonioAppellate Division of the Supreme Court of the State of New York · 1960
- In re Proving the Last Will & Testament of GoriNew York Surrogate's Court · 1927
- Investment Corp. of Philadelphia v. SpectorAppellate Division of the Supreme Court of the State of New York · 1961
- Titus v. HalstedAppellate Division of the Supreme Court of the State of New York · 1924
- Abrams v. AbramsAppellate Division of the Supreme Court of the State of New York · 1977
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