Trainor v. Furlong-Tompkins Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant Keller from an order of the Municipal Court of the city of Mew York, borough of Manhattan, second district, vacating and setting aside a judgment entered herein in favor of the said defendant and also from a ■judgment of the said court rendered in favor of the plaintiff after the vacating of the first judgment.
1Opinion of the CourtLehman, J.
It appears from the return that, on the 4th day of May, 1911, judgment herein was entered in favor of both these "defendants. More than five days thereafter a motion was made to set aside this judgment. This motion was granted and trial set for June first. At that trial the plaintiff obtained judgment against the defendant Keller, and he appeals from both the judgment and order. The re*455'turn states that it was intended that the original judgment should he entered only in favor of the defendant Furlong-Tompkins Company. Through inadvertence it was entered in favor of both defendants. It is…
2Cases cited2 opinions
- Lackner v. American Clothing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Barron v. FeistAppellate Terms of the Supreme Court of New York · 1906