Wadler v. Karpel
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of the Municipal Court of the city of Hew York, borough of Manhattan, second district, granting a motion to vacate and set aside a judgment taken by default in favor of the plaintiff upon certain terms.
1Opinion of the CourtLehman, J.
The plaintiff has recovered a judgment against the defendant by default. The defendant then moved to vacate the judgment, and for leave to open his default. The trial judge granted the motion to open his default-upon conditions which the defendant considers too onerous. These conditions were entirely within the discretion of the court. The defendant was not in court when the case was called, although it had been adjourned “ peremptorily ” for trial on that day; nor did he present any legal excuse, either under the rules prevailing in courts of record or in the Municipal Court, entitling him…
2Cases cited2 opinions
- Goldstein v. FrumkesAppellate Terms of the Supreme Court of New York · 1911
- Benvenuta v. CandeloroAppellate Terms of the Supreme Court of New York · 1904
3Cited by1 opinion
- Bais v. NashAppellate Terms of the Supreme Court of New York · 1916