Grossman v. Silverman
New York Supreme Court
Appeal by defendant 'Silverman from an order of the City Court of the city of ISTew York granting his motion to vacate a judgment entered upon an inquest and to open a default taken December 12, 1910, upon payment of twenty dollars costs to plaintiff and to each of the codefendants.
1Opinion of the CourtBijur, J.
' This appeal involves a question of practice. Appellant contends that his motion to open the default should have been granted as a matter of right, without imposition of terms, and that, in any event, the terms were too onerous.
The action was brought to foreclose a mechanic’s lien, appellant’s codefendants being subsequent lienors. " Issue was joined by service of appellant’s -answer on plaintiff and the codefendants on the 22d to 24th of August, 1910. On August twenty-ninth, plaintiff served a reply, together with notice of trial for the first Monday of October.
At eleven o’clock on the…
2Cases cited6 opinions
- Marvin v. . MarvinNew York Court of Appeals · 1878
- Wallace v. Syracuse, Binghamton & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Haden v. BuddensiekNew York Court of Common Pleas · 1875
- Murphy v. LyonAppellate Division of the Supreme Court of the State of New York · 1908
- Townsend v. HillmannCity of New York Municipal Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lanni v. GrimesNew York Supreme Court · 1940
- People v. Alouisa, New York County Courts1983