Cahill v. Lilienthal
Appellate Terms of the Supreme Court of New York
Appeal Ro. 1. Appeal by the plaintiff from an order made in the Municipal Court, seventh district, borough of Manhattan, opening a default and vacating a judgment entered in favor of the plaintiff. Appeal Ro. 2. Appeal by the plaintiff from a judgment rendered in the Municipal Court, seventh district, borough of Manhattan, in favor of the defendant.
1Opinion of the CourtFreedman, P. J.
The plaintiff herein first appeals from an order made and entered on the 28th day of July, 1899, setting aside the default- of the defendant and vacating a judgment entered in favor of the plaintiff. The order was granted upon an affidavit, made by one of the attorneys for the defendant, and both the order and the affidavit are fatally defective. The affidavit contains no statement that an affidavit of merits was ever made or filed in the action, nor does it show that manifest injustice has been done the defendant by the taking of the judgment which is sought to be vacated. TJpon a motion…
2Cases cited1 opinion
- Stivers v. RittAppellate Terms of the Supreme Court of New York · 1899
3Cited by1 opinion
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