Levy v. Warschauer
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. A-Ction by R. Frank Levy and another, doing business under the firm name of the Levy Company, against Isidor Warschauer and others, copartners doing business as Warschauer Bros. & Weber. From an order vacating a judgment for plaintiffs, entered on defendants’ default, defendants appeal.
1Opinion of the CourtBijur, J.
Plaintiffs’ claim was for some $132. Prior to suit brought, defendants tendered $92 in full settlement, which was refused. Plaintiffs then brought this action, but by a clerical error claimed only $40. On the return day the defendants waited until a default had been taken, and then paid into court the sum of $42, being the amount of the judgment and costs.
When the plaintiffs’ counsel became aware of the error, they moved to vacate the judgment, for leave to discontinue the action, and for a direction to the clerk to return to defendants the $42 paid_ in by them. This motion was granted, upon…
2Cited by1 opinion
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