MacEvoy v. Tide Water Oil Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, entered on the 27th day of January, 1915, granting the plaintiff’s motion to open his default in the service of a reply.
1Per curiam
The order appealed from must be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs, on the ground that no copy of the proposed reply was served with the motion papers (Schumpp v. Inter urban Street R. Co., 81 App. Div. 576), with leave to the plaintiff upon payment of such costs to renew the motion on proper papers. Present — Ingraham, P. J., McLaughlin, Scott, Dowling and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to plaintiff upon payment of such costs to renew…
2Cases cited1 opinion
- Schumpp v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Crouse Grocery Co. v. ValentineNew York Supreme Court · 1928