Klein v. Spiegel
New York Supreme Court
Appeal by the defendant from an order denying a motion to open a default, entered in the Municipal Court of the city of New York, second district, borough of Manhattan.
1Opinion of the CourtGildersleeve, J.
The only question to be determined in this case is whether a Municipal Court justice can, as a condition for opening a defendant’s default, setting aside and vacating a judgment and setting the ease down for trial under the provisions of section 253 of the Municipal Court Act, impose not only the sum of ten dollar’s costs but, in addition thereto, the plaintiff’s “ disbursements.” Section 253 of the Municipal Court Act provides that a default may be opened, etc., “ upon such terms and conditions as the court may deem proper.” Section 256 also has reference to defaults and, as said by this…
2Cases cited2 opinions
- Thompson v. Hudson BuildingAppellate Terms of the Supreme Court of New York · 1908
- Schwartz v. SchendelAppellate Terms of the Supreme Court of New York · 1898
3Cited by1 opinion
- Sutton v. BaylesAppellate Terms of the Supreme Court of New York · 1911