Glickman v. Loew
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William L. Loew, from an Order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of N"ew York on the 23d day of March, 1898, opening a default by the defendant, and allowing him to answer in the action upon terms, and providing that unless the terms therein provided for were complied with, the motion to open the default should be denied, with costs.
1Opinion of the Court
Ingraham, J.:
The action was brought to recover damages for false imprisonment, the amount claimed in the complaint being $10,000. The defendant failed to answer and the plaintiff took judgment, the damages having been assessed by the sheriff’s jury at the full amount claimed. The judgment was entered on February 1, 1898, and this motion was made on February twenty-fourth to open the default and allow the defendant to answer. It appears that the defendant employed an attorney owing to whose default it is alleged that there was a failure to answer. The court opened the default upon the payment…
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