Tuska v. Heller, Hirsh & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Benjamin Tuska, from an order of the Supreme Court, made at the New York Special Tez-m and entered in the office of the clerk of the county of New York on the 16th day of June, 1910, denying the plaintiff’s motion to vacate an ex parte order extending the respondent’s time to answezt
1Opinion of the Court
McLaughlin, J.:
After the complaint in this action had been served upon the respondent" its time to answer was extended by stipulation for a period exceeding twenty days. Before the time to answer as extended by the stipulation had expired it obtained an order to show cause why certain allegations of the complaint should not be stricken out, and which order also contained a provision “that the time for the defendant Heller, Hirsh & Company to answer or *324demur to the complaint herein be extended to and including ten days after the service of a copy of the order entered upon this motion and…
2Cases cited3 opinions
- Matter of MooreNew York Court of Appeals · 1888
- Boyer v. BoyerAppellate Division of the Supreme Court of the State of New York · 1908
- Condon v. Church of St. AugustineNew York Court of Common Pleas · 1895
3Cited by3 opinions
- Marco v. SachsNew York Supreme Court · 1960
- Murphy v. SolomonNew York Supreme Court · 1961
- Tuska v. Heller, Hirsch & Co.Appellate Division of the Supreme Court of the State of New York · 1910