Quinn v. Schneider
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order of the Municipal Gourt of the city of New York, fourth district, vacating a judgment in favor of the plaintiff.
1Opinion of the CourtBischoff, J.
The order appealed from, which vacated the plaintiff’s judgment, was made upon the ground that the *631judgment was void because the decision was not rendered within fourteen days from the date of the submission of the cause, or within the additional time given by consent of the parties (Mun. Ct. Act, § 230), but the application for the order was not made within five days after the judgment was rendered.
The judgment was not rendered upon default, hence the motion did not fall within section 253 of the Municipal Court Act; and, while the justice had power to vacate the judgment upon the ground…
2Cases cited2 opinions
- Buchsbaum v. FeldmanAppellate Terms of the Supreme Court of New York · 1904
- Stern v. FleckAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Dixon v. CarrucciNew York Supreme Court · 1907