Klein v. Spiegel
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Max Klein against William Spiegel. From an order denying a motion to open a default except on condition, defendant appeals.
1Opinion of the CourtGildbrsleeve, P. J.
The only question to be determined in
this case is whether a Municipal Court justice can, as a condition for opening a defendant’s default, setting aside and vacating a judgment, and setting the case down for trial, under the provisions of section 253 of the Municipal Court act (Laws 1902, p. 1562, c. 580), impose, not only the sum of $10 costs, but in addition thereto the plaintiff’s “disbursements.” Section 253 of the Municipal Court act provides that a default' may be opened, etc., “upon such terms and conditions as the court may deem proper.” Section 256 also has reference to defaults,…
2Cases cited2 opinions
- Thompson v. Hudson BuildingAppellate Terms of the Supreme Court of New York · 1908
- Schwartz v. SchendelAppellate Terms of the Supreme Court of New York · 1898