Guttenbergh v. Genovese
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan. Action by one Guttenbergh against Taibbi Genovese and another. From an order granting a motion to set aside an order vacating a default judgment, defendants appeal. On motion to dismiss. Denied.
1Per curiam
The judgment in this case was entered against the defendants by default. A motion to open such default was made and granted, the judgment vacated and set aside, and a day fixed for trial. Subsequently the plaintiff moved before another justice of the Municipal Court for an order vacating the order opening the defendants’ default. This motion was granted, and the clerk was directed to “alter the records accordingly.”
The appellants claim that the direction contained in the order made by the last justice was substantially the rendering of a new judgment; that the clerk of the Municipal Court so…
2Cases cited4 opinions
- Davis v. Grand Rapids Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Altmark v. HaimowitzAppellate Terms of the Supreme Court of New York · 1907
- Harris v. GreggAppellate Division of the Supreme Court of the State of New York · 1896
- Scott v. SmithAppellate Division of the Supreme Court of the State of New York · 1909