Stoneware Electric Stove Works v. Barrett
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from an order made at Special Term of the City Court of the city of New York, vacating an order for the examination of a third party in supplementary proceedings instituted by the plaintiff against the defendant.
1Opinion of the CourtLydon, J.
The action was brought in the Municipal Court, issue joined, and the case placed on the “ reserved generally ” calendar. Later on, plaintiff’s attorneys served a notice of motion on defendant’s attorneys to restore the case to the trial calendar. No opposition was made by defendant and on default the motion was granted. No formal order was made or entered, but the justice indorsed on the motion papers, “Motion to restore is granted on default and the case is set for April 9, 1920, F. J. C., Jr.” No notice of entry, of this so-called order was served on defendant’s attorneys. Thereafter…
2Cited by4 opinions
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