Martin v. Lefkowitz
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of New York, fifth district, borough of Manhattan, by default, and from an order denying a motion to open said default.
1Per curiam
The defendant appeals from a judgment taken against him by default and also from an order denying his motion to open such default. No appeal will lie from a default judgment, and as to that the appeal must be dismissed. Liebling v. Brog, 113 N. Y. Supp. 549. The defendant’s sufficient statements, set forth in affidavits used on his motion to open, his default, are not contradicted; and it appears that, on the day set for trial, his attorney could not attend at the call of the calendar. It appears from the affidavit submitted by plaintiff’s attorney that, when the case was called for trial,…
2Cases cited2 opinions
- Klotz v. FrolichAppellate Terms of the Supreme Court of New York · 1908
- Liebling v. BorgAppellate Terms of the Supreme Court of New York · 1908
3Cited by3 opinions
- Ginsberg v. BorensteinAppellate Terms of the Supreme Court of New York · 1911
- Scranton Lehigh Coal Co. v. Henry Hetkin & Co.Appellate Terms of the Supreme Court of New York · 1912
- Stoutenburgh v. SvecenskiAppellate Terms of the Supreme Court of New York · 1912