Fusco v. Adam
City of New York Municipal Court
Action by Guiseppe Fusco against Angelo Adam. Defendant moves to vacate a judgment entered against him for alleged failure to answer. Code •Civil Proc. H. Y. § 528, is as follows: “The remedy for a defective verifiea-tion of a pleading is to treat the same as an unverified pleading.
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Action by Guiseppe Fusco against Angelo Adam. Defendant moves to vacate a judgment entered against him for alleged failure to answer. Code •Civil Proc. H. Y. § 528, is as follows: “The remedy for a defective verifiea-tion of a pleading is to treat the same as an unverified pleading. Where the ■copy of a pleading is served without a copy of" a sufficient verification, in a case where the adverse party is entitled to a verified pleading, he may treat it as a nullity, provided he gives notice, with due diligence, to the attorney of the adverse party, that he elects so to do. ”
1Opinion of the CourtGiegerich, J.
This is a motion by the defendant to vacate the judgment entered against him herein on the 13th day of August, 1890, for alleged failure to answer. On the 11th day of August, 1890, the defendant served a demurrer to the complaint in this action, and on the same day the plaintiff served a notice of motion returnable on the 13th day of August, 1890, at 10 A. m., for judgment, on the ground that the demurrer was frivolous. On the day before that named for the argument of the said motion, the defendant served a notice of withdrawal of the demurrer, and at the same time served an “amended” answer,…
2Cases cited3 opinions
- Frank v. BushNew York City Court · 1882
- Cashman v. ReynoldsNew York Supreme Court · 1890
- George v. McAvoyNew York Supreme Court · 1851
3Cited by3 opinions
- Treen Motors Corp. v. Van PeltNew York Supreme Court · 1919
- Pardi v. CondeAppellate Terms of the Supreme Court of New York · 1899
- Spielberg v. Canada Steamship Lines, Ltd.New York Supreme Court · 1917