Bloch v. Weinstein
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Aaron Bloch against Gregory Weinstein. From an order vacating a default judgment, plaintiff appeals.
1Opinion of the CourtGildersdeeve, P. J.
After repeated adjournments by consent of counsel, the defendant herein failed to appear, and the plaintiff entered a judgment against him by default. Subsequently, the defendant obtained an order, requiring the plaintiff to show cause “why an order should not be made vacating and setting aside said judgment.” The defendant in no way indicated, either in his notice of motion or affidavits used, that he desired his default opened, and did not submit with his moving papers any proposed answer, although no answer had theretofore been interposed. Upon these papers the court below made an order…
2Cases cited1 opinion
- Friedberger v. StulpnagelAppellate Terms of the Supreme Court of New York · 1908
3Cited by3 opinions
- Smith v. GeratyAppellate Terms of the Supreme Court of New York · 1909
- Addressograph Co. v. H. B. Goetchius & Co.Appellate Terms of the Supreme Court of New York · 1911
- Cognato v. FitzhenryAppellate Terms of the Supreme Court of New York · 1911