Tuska v. Jarvis
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order entered in the City Court of the city of New York, granting the motion of the defendant to open his default and leave to answer, and also from an order denying plaintiff’s motion for a resettlement of said order.
1Opinion of the Court
Maclean, J..The plaintiff appeals from two orders herein, one of May 18, 1908, opening, vacating and setting aside, without terms, a default judgment entered by the plaintiff on May 15, 1908, and granting the defendant leave to answer; and the other of May 25, 1908, denying plaintiff’s motion for a resettlement of the earlier order.
While it is true, “ whether a court shall modify or change an order already made by it is a question addressed to its discretion, and over its exercise an appellate court has no control ” (Place v. Hayward, 100 N. Y. 626), it is also true that an appellate court…
2Cases cited3 opinions
- Schumpp v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Smith v. SpaldingThe Superior Court of New York City · 1864
- American Audit Co. v. Industrial Federation of AmericaAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Bergin v. AndersonAppellate Division of the Supreme Court of the State of New York · 1926
- Crouse Grocery Co. v. ValentineNew York Supreme Court · 1928