Popkin v. Friedlander
Appellate Terms of the Supreme Court of New York
Appeab from orders of the Municipal Court of the City of Hew York for the fourth judicial district, borough of Manhattan, opening the plaintiff’s default.
1Per curiam
We are not inclined to interfere with the decision of the justice below opening the defaults, and if a review was asked for solely on the.merits, we should affirm the orders. The point, however, is made that the orders appealed from do not comply with the requirements of chapter 748 of the Laws of 1896, amending section 1367 of the Consolidation Act, which, among other things, provides that the order of a justice) on opening a default “ shall recite and contain the grounds for the order.” The objection is well taken, as the justice has utterly failed to comply with this requirement. This is…
2Cases cited1 opinion
- Colwell v. DevlinAppellate Terms of the Supreme Court of New York · 1897
3Cited by3 opinions
- Koerkle v. PangbornAppellate Terms of the Supreme Court of New York · 1900
- Stivers v. RittAppellate Terms of the Supreme Court of New York · 1899
- Elfenbein v. RosenthalAppellate Terms of the Supreme Court of New York · 1905