Yudin v. Stoller
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Sam Yudin and another against Julius Stoller and others. From an order denying a motion of defendant named to vacate a default judgment by plaintiffs, he appeals. Order affirmed, with leave to renew motion.
1Per curiam
[1] On April 4, 1913, the defendant obtained an order to show cause why the judgment against him taken by default *485should not be vacated and set aside, and the defendant Stoller “allowed to come in and defend said action.” The form of this application conferred jurisdiction upon the court to grant the relief asked for. B. Crystal & Son v. Ohmer, 139 N. Y. Supp. 841.
[2] The order was based upon an affidavit made by said Stoller, in which he alleges that he was never served with process in the action, and was out of town on the day the summons was alleged to have been served. No affidavit of…
2Cases cited1 opinion
- Son v. OhmerAppellate Terms of the Supreme Court of New York · 1913