Marran's Paint Store, Inc. v. Minarich

The plaintiff-respondent moves to dismiss an appeal from a default judgment taken in the Justice’s Court, Town of Brookhaven, for “ failure to bring the appeal to a hearing and argument within the required statutory-period

The appellant asks for a denial of the plaintiff’s motion, and cross-moves for an order directing that a new trial be held in the Justice’s Court.

That the appeal was properly perfected in accordance with all the requirements of article 19 of the Justice Court Act is not questioned.

Section 450 of the Justice Court Act provides the practice for the hearing and dismissal of…