Legal Opinion
Barthelmues v. Ives
New Rochelle City Court
Decided December 15, 1948PublishedCited by 4 opinions
1Opinion of the CourtRubin, J.
In this action brought against a defendant husband for alleged necessaries furnished his wife, the plaintiff has entered judgment by default. The defendant moves to vacate the judgment claiming that an answer properly verified was served in due time. A purported verified answer was served in due time, but was returned by the attorneys for the plaintiff to the.attorneys for the defendant with'notice “ that the plaintiff elects to treat your answer herein, which is hereto annexed, as a nullity on the ground that it is not verified.”
The plaintiff opposes the motion, contending that its notice of…
2Cases cited5 opinions
- Fawcett v. . VaryNew York Court of Appeals · 1875
- People ex rel. Fifth Avenue & 37th Street Corp. v. MillerAppellate Division of the Supreme Court of the State of New York · 1941
- Treen Motors Corp. v. Van PeltNew York Supreme Court · 1919
- Fisher v. BloombergAppellate Division of the Supreme Court of the State of New York · 1902
- Sage v. StaffordAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- Williams v. StateNew York Court of Claims · 1974
- Smith v. Board of StandardsAppellate Division of the Supreme Court of the State of New York · 1956
- Bardo v. Monroe County Water AuthorityNew York Supreme Court · 1962
- In re the Accounting of HellerNew York Surrogate's Court · 1954