Stromberg v. Di Salvo
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order made in favor of the defendant in the Municipal Court of the city of Hew York, second district, borough of Manhattan.
1Per curiam
A motion was made by defendant before Justice Bolte to open a default taken before him, which motion was denied. While this order, denying a motion to open a default was not appealable, still defendant could have appealed from the judgment, taken by default, and, if, he could have shown manifest injustice, and satisfactorily excused his default, this court would have set aside the judgment, and ordered a new trial, upon such terms as might be proper. Code C. P., § 3064.
The defendant, however, did not do this, hut applied for a reargument of the motion, to open the default, to Justice Eoeseh,…
2Cases cited3 opinions
- Bolles v. DuffNew York Supreme Court · 1870
- Andrews v. CrossNew York Supreme Court · 1885
- Averell v. BarberNew York Supreme Court · 1892
3Cited by1 opinion
- Hotel Astor v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913