Talty v. Strauss
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by John Talty and others against Herman Strauss. Judgment for plaintiffs. From an order denying a motion to open a default, defendant appeals. Reversed.
1Opinion of the CourtMcCALL, J.
The defendant hereip appeals from an order denying his motion to open a default, upon which the plaintiffs have obtained and entered a judgment, and the contention of the plaintiffs (respondents) is that defendant (appellant) has mistaken his remedy and should have appealed from the judgment, and that from the order entered no appeal can be taken. I do not believe that that position is sound. The attitude this court assumed in the case of Lefenfeld v. Adler (Sup.) 99 N. Y. Supp. 799, does not control in the case at bar, and the point of differentiation is marked in the case of Guggolz v. Arch…
Also in this document: Concurrence.
2Cases cited2 opinions
- Lefenfeld v. AdlerAppellate Terms of the Supreme Court of New York · 1906
- Guggolz v. Arch Realty & Construction Co.New York Supreme Court · 1907