Smith v. Smith
Appellate Terms of the Supreme Court of New York
Appeal by defendant from an order of the City Court of the city of ¡New York denying the defendants motion to vacate and set aside an order which required the defendant to appear and attend for examination before trial and also from an order which denied the defendant’s motion to resettle the aforesaid order so as to show a default on the part of the plaintiff and recite that the said order for the examination of the defendant was vacated and set aside.
1Opinion of the CourtGebabd, J.
The appellant alleges that she made a motion to vacate the order for defendant’s examination; that the other side defaulted at the call of the calendar in the Oity Court and that under rule 37 of the General Rules of Practice, “ If the opposite party shall not. appear to oppose, the party making the motion shall be entitled to the order or' judgment moved for on proof, of due service of the notice or' order and papers required to be served by him, unless the court shall otherwise direct.”
I think that the court below was • quite right in refusing to vacate the order of examination because the…
2Cases cited1 opinion
- Reed v. SmithAppellate Division of the Supreme Court of the State of New York · 1907