Legal Opinion

Benvenuta v. Candeloro

Appellate Terms of the Supreme Court of New York

Decided May 15, 1904PublishedCited by 3 opinions

Appeal by the defendant from a judgment of the Municipal Oourt of the city of Eew York, first district, borough of Manhattan.

1Per curiam

This is an appeal from a judgment taken against the defendant upon her default in the Municipal Court of the city of Eew York, and from that part of an order imposing terms as a condition for vacating the judgment and opening said default.

Under the provisions of the Municipal Oourt Act, we have held that when a defendant has permitted a judgment to be taken against him by default, no appeal lies therefrom, the remedy being to move to open such default under section 253. Brown v. Bouse, 43 Misc. Rep. 72; 86 N. Y. Supp. 240; Edelson v. Epstein, 27 Misc. Rep. 543; 58 N. Y. Supp. 334.

The…

2Cases cited2 opinions

  1. Brown v. BouseAppellate Terms of the Supreme Court of New York · 1904
  2. Edelson v. EpsteinAppellate Terms of the Supreme Court of New York · 1899

3Cited by3 opinions

  1. Wadler v. KarpelAppellate Terms of the Supreme Court of New York · 1912
  2. Fong Ming v. Fong LingAppellate Terms of the Supreme Court of New York · 1908
  3. Oppenheimer v. Demuth Glass Manufacturing Co.Appellate Terms of the Supreme Court of New York · 1907

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