Ballin v. Clark
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Sarah Ballin against Thomas F. Clark. From an order of the Municipal Court of the City of New York opening his default on condition that he deposit the amount of the judgment'or file an undertaking to secure said judgment, defendant appeals. Modified and affirmed.
1Opinion of the CourtBijur, J.
It is to be observed in this case that the order appealed from did not vacate the judgment which was granted upon the default. It is therefore not within the exception from appealable orders specified in section 257 of the Municipal Court Act. Dorfman v. Hirschfield, 53 Misc. Rep. 538, 103 N. Y. Supp. 698. Upon the merits, I am of opinion that the default should have been opened on the payment of moderate costs.
The order will be modified by granting the motion to open the default and vacate the judgment upon payment of $5 costs, and, as thus modified, it is hereby affirmed. All concur.
2Cases cited1 opinion
- Dorfman v. HirschfieldNew York Supreme Court · 1907