Lerner v. Wagner
Appellate Terms of the Supreme Court of New York
Appeal from a judgment rendered in favor of the defendants in the Municipal Court of the city of New York, fifth district, borough of Manhattan.
1Opinion of the CourtScott, J.
The statute requires that the order of a justice opening a default, and setting aside, vacating or modifying a judgment entered thereon shall recite and contain the grounds for the order. The order made in the present case undertakes to comply with this rule by reciting that “ the ground for opening of the said default “ being that the defendants have a trial and a day in court in the above action.” This may be a reason why the justice was inclined to make the order, but it certainly does not state the grounds upon which he did so. It was therefore defective and must be reversed. Stivers v.…
2Cases cited1 opinion
- Stivers v. RittAppellate Terms of the Supreme Court of New York · 1899
3Cited by1 opinion
- NYCTL 1998-2 Trust v. Ocean Gate Estates Homeowners Assn.Appellate Division of the Supreme Court of the State of New York · 2022