Rethy v. Orszag
Appellate Terms of the Supreme Court of New York
Appeal from an order denying a motion to vacate a judgment and granting a motion to open, upon terms, a default judgment of the Municipal Court of the city of New York, borough of Manhattan, seventh district.
1Opinion of the CourtWeeks, J.
In this case, the plaintiff’s attorney claims to have mailed a notice of trial to the defendant’s attorney on June 11,1917, fixing June eighteenth as the date for trial, and on that day judgment was entered on default and execution issued. Defendant’s first knowledge of the default judgment was when the marshal called at defendant’s place of business on Thursday, June twenty-first. Defendant’s attorney immediately telephoned to the attorney for the plaintiff and stated that he had not received any notice of trial and asked to have the default opened.
This request was refused, and on Monday,…
2Cases cited1 opinion
- Peabody v. . SatterleeNew York Court of Appeals · 1901
3Cited by3 opinions
- People v. De VastoAppellate Division of the Supreme Court of the State of New York · 1921
- R. Z. P. Line Poultry Market v. GoldmanCity of New York Municipal Court · 1932
- Stoneware Electric Stove Works v. BarrettCity of New York Municipal Court · 1921