Lee v. Revolving Airship Tower Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Municipal Court, Borough of Brooklyn, Rifth District. - ■ ' • Action by Arthur D. Dee, agent of the Steeplechase Company, etc., against the Revolving Airship Tower Company. There was an order granting conditionally a motion to open defendant’s default in supplementary proceedings and allow it to come in and defend, and it appeals.
1Opinion of the CourtHooker, J.
The petitioner obtained a final order in summary proceedings providing for the removal of the tenant from certain premises owned by the petitioner. Upon the return day of the precept the tenant did not appear, and a final order was entered against him. Later a motion was made by the tenant to open the default and to allow it to come in and defend. The Municipal Court granted the motion to open the default, and with its. conclusion in that respect we agree. As part of the order opening the default, however, it was provided as a condition that the tenant should execute and file with the clerk…
2Cases cited19 opinions
- Bunke v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Bowen v. FarleyAppellate Division of the Supreme Court of the State of New York · 1906
- Lackner v. American Clothing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Stephens v. MolloyAppellate Terms of the Supreme Court of New York · 1906
- Dixon v. CarrucciAppellate Terms of the Supreme Court of New York · 1906
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