Sweeney v. O'Dwyer
New York Supreme Court
Motion on behalf of defendant upon the return of an order requiring plaintiff to show cause why an order should not be made determining and declaring that defendant is not in default, for failure to appear and answer, or should it be determined that defendant is in default, then opening such default and allowing defendant to serve an amended answer.
1Opinion of the CourtBlanchard, J.
This is a motion made on behalf of the defendant upon the return of an order requiring the plaintiff to show cause why an order should not be made determining and declaring that the defendant is not in default for failure to appear and answer herein, or should it be determined that defendant is in default, then opening such default and allowing the defendant to serve an amended answer. A preliminary objection is made to the consideration of the merits of the motion by the court, “ because the affidavit upon which the order to show cause was granted does not state the' time appointed for…
2Cases cited1 opinion
- Paddock v. PalmerNew York Supreme Court · 1900
3Cited by5 opinions
- Reynolds v. Gladys Belle Oil Co.Montana Supreme Court · 1926
- Waggoner v. Glacier Colony of HutteritesMontana Supreme Court · 1953
- S. M. Hamilton Coal Co. v. WattsCourt of Appeals for the Second Circuit · 1916
- Bardo v. Monroe County Water AuthorityNew York Supreme Court · 1962
- Jamaica Savings Bank v. Spiro, New York County Courts1954