Legal Opinion

Empire City Iron Works v. Dincin

Appellate Terms of the Supreme Court of New York

Decided November 15, 1911Published

Appeal by the defendants from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of ¡New York, borough of Manhattan, third district, and from an order denying defendants’ motion to open their default.

1Opinion of the CourtCohalan, J.

The plaintiff herein furnished materials and performed certain labor in fitting up a restaurant for the defendants. Suit was brought to recover the balance of the alleged agreed price. Upon the day set for trial, the defendants applied for an adjournment which was refused, and thereupon the plaintiff took an inquest. Thereafter, the defendants moved for an order opening their default and vacating the judgment. This motion was-denied, and the defendants appeal from the judgment and from the order.

An appeal from a judgment by default will not. lie, and that appeal'must be dismissed.

The…

2Cases cited1 opinion

  1. Dana v. ThawAppellate Terms of the Supreme Court of New York · 1908

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