Legal Opinion

Brous v. Van Ostrand

New York Supreme Court

Decided May 24, 1957Published

1Opinion of the CourtL. Barron Hill, J.

On this motion to vacate a judgment taken on default, defendants obtained an order to show cause requiring service thereof on the attorney of record for plaintiff on the ground that plaintiff has left the jurisdiction. Service was made, as prescribed, and the attorney of record has filed an affidavit setting forth that he no longer represents plaintiff, does not know where plaintiff is, and has no recollection of this action.

The judgment was entered in 1952 hut was not discovered by defendants until this year when a title search of the premises was made. Defendants deny, in their moving…

2Cases cited4 opinions

  1. Hendry v. HiltonAppellate Division of the Supreme Court of the State of New York · 1953
  2. Commercial Bank v. FoltzAppellate Division of the Supreme Court of the State of New York · 1897
  3. Ohlquist v. NordstromNew York Supreme Court · 1932
  4. Ohlquist v. Nordstrom, HickmanNew York Court of Appeals · 1933

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