Warth v. Moore Blind Stitcher & Overseamer Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Moore Blind Stitcher and. Overseamer Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Richmond on the 23d day of November, 1907, denying the defendant’s motion to open a default.
1Opinion of the Court
Gaynor, J.:
Section 724 of the Code of Civil Procedure does not .by any means .permit or sanction the indiscriminate opening of defaults. It only provides that the court may in its discretion relieve a party from a judgment, order, or other proceeding, taken against him “through his mistake, inadvertence, surprise, or excusable neglect”. If his default be not of this character a motion to open it should be denied. This applies in a special degree to defaults taken at the trial term. The diligent party who gets ready to try his cause has rights and is entitled to the court’s favor and…
2Cases cited3 opinions
- Gideon v. DwyerNew York Supreme Court · 1896
- Herbert Land Co. v. LorenzenAppellate Division of the Supreme Court of the State of New York · 1906
- Wilkins v. Beadleston & WoerzNew York Supreme Court · 1900
3Cited by12 opinions
- Mott v. MottAppellate Division of the Supreme Court of the State of New York · 1909
- Metropolitan Transportation Authority v. Cosmopolitan Aviation Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Goldman v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- In re RubensteinAppellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. Mount Vernon Trust Co. v. MillardAppellate Division of the Supreme Court of the State of New York · 1909
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