Weaver v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Annie Miller, from so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of February, 1919, opening her default, as provides that the judgment entered upon the default shall stand as security for any recovery in the action, and directs that she pay thirty dollars costs, in default of which the motion to open the judgment is denied.
1Opinion of the Court
Kelly, J.:
The appellant claims that the judgment was irregular because of plaintiff’s failure to file a note of issue for the term for which the case was noticed for trial, that she was misled and had no knowledge that the case was on the trial calendar, and that, therefore, she was entitled as matter of right to an order opening the default and vacating the judgment entered thereon without penalty. The action was for slander and issue was joined by service of answer on May 27, 1916, the defendant denying the material allegations of the complaint. On November 10, 1916, the plaintiff served a…
2Cases cited3 opinions
- Leonard v. FaberAppellate Division of the Supreme Court of the State of New York · 1898
- Siefke v. SiefkeNew York Supreme Court · 1897
- National Carbonating Co. v. Standard Aerating Co.New York Supreme Court · 1896
3Cited by1 opinion
- Lee v. ArnowitzAppellate Division of the Supreme Court of the State of New York · 1934