Juskowitz v. Stern

Plaintiff has obtained an order dated November 27, 1934, directing that judgment be entered against Morris J. Stern and Florence Stern upon a summons and notice.

The clerk of the court has refused to enter the judgment and the matter has been referred to me.

In a proceeding of this nature we are governed by sections 485, 486 and 487 of the Civil Practice Act, which must necessarily be read together. Section 485 provides that “ judgment may be taken without application to the court where the complaint sets forth one or more causes of action, each consisting of the breach of an express contract…