Heischober v. Polishook
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harry Heischober, an infant, from an' order of the Supreme' Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day of February, 1912, granting the defendant’s motion to open his default and restore the case to the calendar for trial. The action is to recover for an alleged false and malicious arrest and imprisonment of the plaintiff, and was on the.
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Appeal by the plaintiff, Harry Heischober, an infant, from an' order of the Supreme' Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day of February, 1912, granting the defendant’s motion to open his default and restore the case to the calendar for trial. The action is to recover for an alleged false and malicious arrest and imprisonment of the plaintiff, and was on the. March, 1911, calendar of the Kings County Trial Term. It was marked ready on the call of the calendar on the first day, but when reached in its regular…
1Opinion of the Court
Rich, J.:
The record shows that a similar motion for the same relief, had been previously denied at a Special Term held by another justice. The practice cannot be sanctioned (Sloan v. Beard, 125 App. Div. 625; Blaustein v. Lyons, 74 Misc. Rep. 452; Platt v. New York & Sea Beach R. Co., 170 N. Y. 451; Silver & Co. v. Waterman, 127 App. Div. 339), and the order must be reversed for this reason. In addition to this, the moving papers are fatally defective. They show no excuse for the *195defendant’s default, or neglect and failure to comply with the requirements of the first order. Defendant admits…
2Cases cited4 opinions
- Platt v. New York & Sea Beach Railway Co.New York Court of Appeals · 1902
- Silver & Co. v. WatermanAppellate Division of the Supreme Court of the State of New York · 1908
- Sloan v. BeardAppellate Division of the Supreme Court of the State of New York · 1908
- Blaustein v. LyonsAppellate Terms of the Supreme Court of New York · 1911
3Cited by16 opinions
- Rothschild v. HavilandAppellate Division of the Supreme Court of the State of New York · 1916
- Fitzgerald Manufacturing Co. v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1922
- Calagna v. GreenAppellate Division of the Supreme Court of the State of New York · 1953
- Dewey v. MorrisNew York Supreme Court · 1919
- People v. Chester, New York County Courts1943
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