Browning v. New York Leasing Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third district. Summary proceeding by Edward W. Browning, landlord, against the New York Leasing Company, tenant. From a final order in default, and an order denying a motion to open the default, the tenant appeals.
1Opinion of the CourtMacLEAN, J.
The defendant appeals from two • orders, one final and in default in a summary proceeding, which is not appealable (Catalano v. North British & Mercantile Ins. Co., 50 Misc. Rep. 536, 99 N. Y. Supp. 524), and the other an order denying its motion to open the default, which is appealable (Municipal Court Act, Laws 1903, p. 1563, c. 580, § 357).
The motion to open the default was addressed to the discretion of the court, and was made, not because of defense upon merit, but because of an asserted counterclaim theretofore interposed as claim in an action in another court for the recovery of rent.…
Also in this document: Concurrence.
2Cases cited1 opinion
- Catalano v. North British & Mercantile Insurance Co. of London & EdinburghAppellate Terms of the Supreme Court of New York · 1906