Langer v. Swasey
New York Supreme Court
Motion by defendant for an order vacating and setting aside the judgment entered herein against defendant, striking the cause from the calendar and directing plaintiff to accept defendant's amended answer as of April 3, 1907, and for such other and further relief as to the court may seem just.
1Opinion of the CourtScudder, J.
The facts are briefly these: On February 18, 1907, the summons and complaint were served upon defendant. On March 11, 1907, the last day to answer, the answer was served by mail on plaintiff’s attorney. On March 15, 1907, plaintiff served a notice of trial for the April term of the court, and the case was placed on the calendar. On April 1, 1907, the first day of the term, the calendar was called, and the defendant not appearing his default was noted. On April 3, 1907, twenty-three days after the service of the original answer by mail, defendant served an amended answer. On the following day,…
2Cases cited3 opinions
- Schlesinger v. Borough BankAppellate Division of the Supreme Court of the State of New York · 1906
- New-York Life Insurance & Trust Co. v. CutlerNew York Supreme Court · 1853
- Townsend v. HillmannCity of New York Municipal Court · 1890
3Cited by1 opinion
- Huebshman v. KugelmanAppellate Division of the Supreme Court of the State of New York · 1920