Legal Opinion

Guttenberg v. Taibbi

New York Supreme Court

Decided May 15, 1910PublishedCited by 1 opinion

Appeal'by the defendants from an order of the Municipal Court of the city of Mew York, second district, borough of Manhattan, vacating’ an order which set aside an order opening the default of defendants.

1Opinion of the CourtSeabury, J.

It is unnecessary to review all of the numerous motions which were made in this action. For the purpose of determining the present appeal it is necessary only to refer to the following facts: Upon an inquest which was improperly taken, judgment for $500 was entered against the defendants in favor of the plaintiff. The defendants moved to open their default and this motion was granted and the cause was restored to the calendar.

Subsequently, upon motion of the plaintiff, another justice of the Municipal Court vacated the order opening the default and restoring the cause to the calendar. The…

2Cited by1 opinion

  1. Schloss v. WilsonAppellate Terms of the Supreme Court of New York · 1911

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