Legal Opinion

Nassau Finance Co. v. Suffrin

Appellate Terms of the Supreme Court of New York

Decided December 24, 1914Published

Appeal from Municipal Court, Borough of Manhattan, First District. • Action by the Nassau Finance Company against Herman Suffrin and another. From an order denying defendants’ motion for the issuance of a commission, and from a judgment for plaintiff taken by default, defendants appeal. Appeals from default judgment and order denying commission dismissed. Order denying motion to open default affirmed.

1Opinion of the CourtGuy, J.

[1,2] The appeal taken from the order denying defendants’ motion for the issuance of a commission must be dismissed, as no appeal lies directly from such an order. Lassen v. Anthony Stump f Mfg. Co., 129 N. Y. Supp. 32. Likewise no appeal lies from a de*691fault judgment. Brown v. Bouse, 43 Misc. Rep. 72, 86 N. Y. Supp. 240.

[3] The grounds upon which defendants’ motion to open their default is based are that the defendants are residents of the city of New Orleans, La., and that they and each of them, and also two other witnesses, who are also residents of that city, are material and necessary…

2Cases cited2 opinions

  1. Brown v. BouseAppellate Terms of the Supreme Court of New York · 1904
  2. Lassen v. Anthony Stumpf Publishing Co.Appellate Terms of the Supreme Court of New York · 1911

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