Feldmark v. Weinstein
Appellate Terms of the Supreme Court of New York
Appeal by defendants from an order of the City Court of the city of New York, opening plaintiff’s default on a motion, vacating the order entered on said default, and denying defendants’ motion to cancel and discharge the judgment on the ground of defendants’ discharge in bankruptcy.
1Opinion of the CourtFreedman, P. J.
The power of the court below to open plaintiff’s default being beyond question, the only question to be considered is whether defendants’ motion to cancel the judgment on the ground of their discharge in bankruptcy was properly denied. The plaintiff claimed that the judg*330ment should not be cancelled because his address was given in the bankruptcy schedules as “ unknown.” This does not per se invalidate the discharge. But the plaintiff further showed that although made aware of the address of plaintiff’s attorney by the summons and complaint and the judgment record, the defendants failed to…
2Cases cited3 opinions
- Columbia Bank v. . BirkettNew York Court of Appeals · 1903
- Tyrrel v. HammersteinNew York Supreme Court · 1900
- Sutherland v. LasherNew York Supreme Court · 1903
3Cited by3 opinions
- Weidenfeld v. TillinghastNew York City Court · 1907
- Hitchings v. SimmonsNew York Supreme Court · 1907
- Hochman v. New Amsterdam Gas Co.City of New York Municipal Court · 1911