Gold v. Hutchinson
Appellate Terms of the Supreme Court of New York
Appeal hy plaintiff from an order made by one of the justices of the Municipal Court of the city of New York, sitting in the borough of Manhattan, fifth district, opening the defendant’s default.
1Opinion of the CourtGiegerich, J.
The order opening the defendant’s default is assailed, because (1) it does not recite and contain the grounds upon which it was granted; (2) that the motion papers presented *2to the justice below fail to disclose a sufficient affidavit of merits, and (3) that they fail to show a satisfactory excuse for the default.
The power to open a default and set aside a judgment entered thereon in the Municipal Court is purely statutory, and it must appear from the order that the statute has been complied with. And we must hold that for a failure to meet this condition the order in question is fatally…
2Cases cited3 opinions
- Colwell v. DevlinAppellate Terms of the Supreme Court of New York · 1897
- Thornall v. TurnerAppellate Terms of the Supreme Court of New York · 1898
- Mason v. MooreNew York Supreme Court · 1846
3Cited by4 opinions
- Johnson v. Christ HospitalNew Jersey Superior Court Appellate Division · 1964
- Graves v. Bloomfield Planning Bd.New Jersey Superior Court Appellate Division · 1967
- In Re Hand WillNew Jersey Superior Court Appellate Division · 1967
- Hutchinson v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1904