Bernard v. Rosenfield
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Ben Bernard against Joseph H. Rosenfield. From an order denying a motion to vacate a judgment and open default, and from two judgments in favor of plaintiff, defendant appeals. Orders affirmed, the second judgment reversed and vacated, and appeal from the first judgment dismissed.
1Opinion of the CourtWeeks, J.
This action was commenced, and judgment entered, and the motion made to- vacate the judgment and open the default, prior to September 1, 1915, and consequently the case is governed by the Municipal Court Act in force at that time.
[1-3] The first summons in this action was issued on July 6th, returnable on July 14th. An alias summons was issued returnable on July 23d, and another one returnable on July 28, 1915. Upon proof *1085of service of this last summons, judgment by default was entered against the defendant. Claiming that he appeared on July 23d and obtained a dismissal of the complaint for…
2Cases cited2 opinions
- Roberts & Lewis Co. v. DaleAppellate Terms of the Supreme Court of New York · 1911
- Phillips v. Albert, Inc.New York Supreme Court · 1913