Stern v. Rechnitz
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by S. Sidney Stern and Abraham Stern, copartners, against Joseph Rechnitz and Samuel Rechnitz, copartners. Judgment by default for plaintiffs. From an- order denying their motion to open the default, defendants appeal. Order reversed, default opened, judgment vacated, and new trial ordered.
1Opinion of the CourtCohalan, J.
Upon the return day of the summons herein, the defendants, asserting infancy, applied to the court for time to procure the appointment of a guardian ad litem. This request was denied, an inquest was taken, and a judgment was thereupon rendered in favor of the plaintiffs.
The defendants later moved to open the default and for the appointment of a guardian ad litem. Upon that application the defendants, stated that at the time the cause of action arose they were infants, and in this they were supported by the affidavit of their mother. The mother was appointed guardian ad litem, and the motion…
2Cases cited1 opinion
- Winterroth v. CoxAppellate Terms of the Supreme Court of New York · 1912