Duly v. Herman
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of the Municipal Court of the city of New York, borough of Manhattan, seventh district, vacating a judgment upon terms, and also from a subsequent order denying the motion to vacate the judgment for failure to comply with such terms.
1Opinion of the CourtLehman, J.
The plaintiff has recovered judgment against the defendant by default. The defendant then moved to vacate and set aside the judgment on the ground that the defendant was never served with process. The motion was granted, and the case set down for trial on a day certain, on condition that the defendant comply with certain specified terms within a fixed time. The defendant failed to comply with these terms, and thereupon an order was entered denying the original motion.
It is certainly an anomalous proceeding that, where a defendant seeks relief from a judgment obtained without jurisdiction of…
2Cases cited1 opinion
- Friedberger v. StulpnagelAppellate Terms of the Supreme Court of New York · 1908
3Cited by2 opinions
- Solomon v. Sultan Flore Cigarette Co.Appellate Terms of the Supreme Court of New York · 1915
- Felleni v. CiniAppellate Terms of the Supreme Court of New York · 1915