Cognato v. Fitzhenry
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Anrelio Cognato against Charles J. Fitzhenry. From an order denying plaintiff’s motion to open his default, he appeals.
1Opinion of the CourtGiegerich, J.
The defendant appeals from an order denying his motion to open his default. The order appealed from granted *628him leave to renew upon proper papers. The defendant • defaulted ■before joinder of issue, and upon the motion did not file either ,an affidavit of merits or a copy of his proposed answer, and evidently liis motion was denied for that reason, and properly. A copy of the proposed answer must be annexed to and served with the motion papers. Schumpp v. Int. St. Ry. Co., 81 App. Div. 576, 81 N. Y. Supp. 366; Meyer v. City of New York, 80 App. Div. 584, 80 N. Y. Supp, 774; Kuh v. Goldman,…
2Cases cited5 opinions
- Schumpp v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Bloch v. WeinsteinAppellate Terms of the Supreme Court of New York · 1909
- Kuh v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1907
- Meyer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Reid v. Jackson's Baggage ExpressAppellate Terms of the Supreme Court of New York · 1907