Long Branch Pier Co. v. Crossley
New York Supreme Court
Appeal from Municipal Court, Borough of Manhattan, Second District. - Action by the Long Branch Pier Company against Hannah L. Crossley. Judgment for plaintiff, and defendant appeals. Reversed. See 81 N. Y. Supp. 905.
1Opinion of the CourtFreedman, P. J.
This case' has been before this court on a former appeal (81 N. Y. Supp. 905) from a judgment rendered upon the default of the defendant in failing to appear on the return day of the summons, and also from an order opening defendant’s default in failing to appear, as before stated. We then held that under the provisions of section 257, p. 1563, of the Municipal Court act, no appeal would lie from an order opening a default, and that, the-judgment having been practically set aside by such order, the appeals should be, and they were, dismissed. "Subsequently, when the case came up for trial,…
2Cases cited4 opinions
- Burbanks Hardware Co. v. HinkelAppellate Division of the Supreme Court of the State of New York · 1902
- Iron Clad Manufacturing Co. v. Benjamin E. Smith & SonsAppellate Terms of the Supreme Court of New York · 1899
- Burbanks Hardware Co. v. HenkelAppellate Division of the Supreme Court of the State of New York · 1902
- Long Branch Pier Co. v. CrossleyAppellate Terms of the Supreme Court of New York · 1903