Wolfert v. New York City Railway Co.
New York Supreme Court
Appeal by the respective plaintiffs' from orders denying motions to open defaults in the Municipal Court of the city of Hew York, third district, borough of Manhattan.
1Opinion of the CourtGildersleeve, J.
It appearing that the summonses in these actions were duly served and filed and the cases placed upon the calendar the court below had a right to open plaintiffs’ defaults. Some confusion seems to have arisen in the Municipal Court regarding the power of that court to open a default where the .plaintiff is the defaulting party, evidently owing to a failure to distinguish the facts in the case of Lefenfeld v. Adler, 51 Misc. Rep. 66, in which this court held that the remedy of the plaintiff was by appeal only and not by motion to open his default, and the facts in cases like these at bar. In…
2Cases cited1 opinion
- Lefenfeld v. AdlerAppellate Terms of the Supreme Court of New York · 1906
3Cited by2 opinions
- In re the Estate of MillerNew York Surrogate's Court · 1937
- Vesell v. SchreiberAppellate Terms of the Supreme Court of New York · 1907