Koerkle v. Pangborn
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of dismissal, rendered upon his nonappearance by the Municipal Court of the city of Eew York, borough of Manhattan, and from an order of the same court denying a motion to open such default. The material facts are stated in the opinion.
1Opinion of the CourtGiegerich, J.
This appeal brings up for review the judgment of dismissal, as well as the order denying the motion to open the plaintiff’s default.
In passing upon the application the learned justice, in part, said: "There is no question but what the default was suffered unintentionally, and that plaintiff makes a case entitling him to relief, if the court has power to grant it. In fact, unless relief can be given, plaintiff may, by mere excusable inadvertence, be deprived of a meritorious suit, as the Statute of Limitations will be a bar to a new action. But in this court’s opinion, the decision of the…
2Cases cited4 opinions
- Worthington v. London Guarantee & Accident Co.New York Court of Appeals · 1900
- Dammann v. PetersonAppellate Terms of the Supreme Court of New York · 1896
- Abrams v. FineAppellate Terms of the Supreme Court of New York · 1899
- Popkin v. FriedlanderAppellate Terms of the Supreme Court of New York · 1898
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