Rothschild v. Haviland
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Estley Rothschild, 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 New York on the 15th day of February, 1916, granting defendant’s motion to open his default and permit him to serve an answer.
1Opinion of the Court
Page, J.:
The affidavit of the defendant upon which the motion is based contains a formal affidavit of merits, but does not state any facts showing merits and the good faith of the defense as required by rule 23 of the General Rules, of Practice. It has been repeatedly held that a defendant applying to a court for an order opening his default must show as a condition prece*563dent to the granting of the relief facts establishing a meritorious defense, and an affidavit of merits alone is not sufficient. (Heischober v. Polishook, 152 App. Div. 193, 195; Clews v. Peper, 112 id. 430.)
The favor of the…
2Cases cited1 opinion
- Heischober v. PolishookAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by21 opinions
- Fitzgerald Manufacturing Co. v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1922
- Benadon v. AntonioAppellate Division of the Supreme Court of the State of New York · 1960
- Cascione v. Acme Equipment Corp.Appellate Division of the Supreme Court of the State of New York · 1965
- Investment Corp. of Philadelphia v. SpectorAppellate Division of the Supreme Court of the State of New York · 1961
- Bradford v. PetteNew York Supreme Court · 1953
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