Meyer v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry Meyer, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of June, 1902, vacating and setting aside a judgment theretofore entered upon defendant’s default, and permitting the defendant to answer.
1Opinion of the Court
Ingraham, J.:
The action appears to have been commenced in December, 1901, and the defendant failed to answer or demur. Judgment was entered by default on January 15, 1902, and execution was issued on the 21st day of April, 1902. On June 10, 1902, the defendant obtained an order requiring the plaintiff to show cause why the judgment should not be vacated upon an affidavit of an assistant to the corporation counsel stating that the judgment was entered by an inadvertence and an affidavit of the deputy comptroller stating that he is informed and believes that there is a good and substantial…
2Cited by2 opinions
- Reid v. Jackson's Baggage ExpressAppellate Terms of the Supreme Court of New York · 1907
- Cognato v. FitzhenryAppellate Terms of the Supreme Court of New York · 1911