Erlanger v. Erlanger
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Harriet E. Erlanger against Arthur G. Erlanger. From a default judgment, and an order denying motion to set aside service of summons, and an order as to motion to open the default, defendant appeals. Appeal from judgment dismissed, appeal from first order dismissed, and order opening default on terms affirmed, with 10 days’ leave to comply.
1Per curiam
The defendant appeals from a judgment entered against him by default; also from two orders, one denying a motion to set aside the service of the summons upon the ground that at the time of service the defendant, who is a nonresident of the county of New York, was voluntarily attending the Domestic Relations Court in this city, and was therefore exempt from service, and the other order denying a motion made to open his default.
[1,2] The appeal from the judgment must be dismissed, as no appeal will lie from a default judgment. Section 154, Municipal Court Code. Likewise the appeal from the…
2Cases cited1 opinion
- Jones v. SabinAppellate Division of the Supreme Court of the State of New York · 1907