Miller v. Samson
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, and from an order denying a motion to open a default and vacate the judgment.
1Opinion of the CourtSeabury, J.
This is an action to recover one month’s rent. The answer pleaded an alleged constructive eviction and a counterclaim, although the facts upon which the claim of eviction are predicated are not set forth. The trial was several times adjourned until December 10, 1913. On that day judgment by default was entered against the defendant. The defendant moved to open his alleged default, and this motion was denied. From the order denying his motion, the defendant appeals to this court. The only pretense offered in lieu of an excuse is that defendant’s attorney, knowing that the ease was upon the…
2Cases cited1 opinion
- Herbert Land Co. v. LorenzenAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Bernstein v. HarrisAppellate Terms of the Supreme Court of New York · 1914
- Schindler v. MisrochAppellate Terms of the Supreme Court of New York · 1916