Poughkeepsie Savings Bank v. Herron

In two actions by plaintiff to foreclose mortgages, defendant Wener Holding Co., Inc., interposed defenses but defaulted on the trial. After judgments, including awards of additional allowance for $961.75 in one action and $2,000 in the other, had been entered in favor of plaintiff, defendant moved at Special Term to vacate and set aside the judgments in so far as they award additional allowances. The motions were denied but the orders denying them were reversed on the law.

The Special Term was empowered in its discretion, pursuant to section 1513, subdivision 2, Civil Practice Act, to award…