Lesser v. Kahn
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of plaintiff rendered in the Municipal Court of the city of New York, eleventh district, borough of Manhattan.
1Per curiam
Except in cases where no service of the summons is made, an appeal does not lie from a judgment entered on default. The proper practice is to move to open *621the default. Brown v. Bouse, 43 Misc. Rep. 72. If the motion be denied, an appeal will lie. Schrenkenson v. Krose, 85 N. Y. Supp. 1072. The affidavit presented to the justice as a ground for the adjournment of the trial was wholly insufficient. The affidavit on the motion to open the default did, however, present some excuse for the defendant’s failure to appear. We incline to the view that the defendant should be allowed to presént his…
2Cases cited2 opinions
- Brown v. BouseAppellate Terms of the Supreme Court of New York · 1904
- Schrenkeisen v. KrollAppellate Terms of the Supreme Court of New York · 1904