Friedland v. Commonwealth Fire Insurance Co. of Ottumwa
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Abram Friedland, from an order of the Supreme Court, made at the Kings County Special Teym and entered in the office of the clerk of the county of Kings on the 26tli day of October, 1909.
1Opinion of the Court
Jenks, J.:
This is an appeal from an order of the' Special Term that opens a .default in service of an answer. As the learned Special Term did not impose any terms, we may conclude that it opened the default as a matter of right. (Cohen v. Meryash, 93 N. Y. Supp. 529.) This was error, -inasmuch as the defendant relied upon a verbal stipulation extending its time, which the plaintiff deposes was not given. If it had been made it could not be enforced against the protest of the other party. (Gen. Rules Pr. rule 11 ; Bradford v. Downs, 25 App. Div. 581.) The court then feould have opened this…
2Cases cited3 opinions
- Bradford v. DownsAppellate Division of the Supreme Court of the State of New York · 1898
- Shenstone v. WilsonAppellate Division of the Supreme Court of the State of New York · 1907
- Cohen v. MeryashAppellate Terms of the Supreme Court of New York · 1905
3Cited by2 opinions
- Gallagher v. TantaloNew York Supreme Court · 1958
- Paul Armstrong Co. v. Majestic Motion Picture Co.City of New York Municipal Court · 1915