B. B. Leider & Co. v. Di Giacomo

Kun, J.,

Judgment was entered against the defendant on a lease for an amount of accelerated rent alleged to be due by reason of an alleged default. The defendant has taken a rule to strike off the judgment. On consideration of this rule we do not look into the merits but, if the record shows any authorization for the entry of the judgment, we cannot strike it off, although defendant may appeal to the court to open the judgment and let him into a defense if he has any. If, however, the record shows no authority for the entry of the judgment, it is the duty of the court to strike it off.

According…