Bais v. Nash

Appellate Terms of the Supreme Court of New York

Bais v. Nash

157 N.Y.S. 884

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 13, 1916

StatusPublished

This text of 157 N.Y.S. 884 (Bais v. Nash) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bais v. Nash, 157 N.Y.S. 884 (N.Y. Ct. App. 1916).

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Opinion

WEEKS, J.

[1] The default of defendant having been taken after the presentation of an affidavit showing actual engagement of counsel in the United States District Court, Eastern District, the imposition of terms was unwarranted. Gotham Raincoat Co. v. Levey (Sup.) 149 N. Y. Supp. 482; Solomon v. Sultan Flore Cigarette Co. (Sup.) 153 N. Y. Supp. 947; Goldstein v. Frumkes, 74 Misc. Rep. 450, 132 N. Y. Supp. 318; Wadler v. Karpel, 78 Misc. Rep. 376, 138 N. Y. Supp. 367; Wolff v. Stern (Sup.) 149 N. Y. Supp. 908.

[2] As appellant upon his brief expresses his willingness, however, to take the deposition of plaintiff, that condition of the order will be allowed to remain.

The order should be modified, by striking therefrom the conditions of the payment of costs and the deposit of the amount of the judgment with the clerk as security, and, as so modified, affirmed, with $10 costs to appellant. All concur.

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WEEKS, J.

[1] The default of defendant having been taken after the presentation of an affidavit showing actual engagement of counsel in the United States District Court, Eastern District, the imposition of terms was unwarranted. Gotham Raincoat Co. v. Levey (Sup.) 149 N. Y. Supp. 482; Solomon v. Sultan Flore Cigarette Co. (Sup.) 153 N. Y. Supp. 947; Goldstein v. Frumkes, 74 Misc. Rep. 450, 132 N. Y. Supp. 318; Wadler v. Karpel, 78 Misc. Rep. 376, 138 N. Y. Supp. 367; Wolff v. Stern (Sup.) 149 N. Y. Supp. 908.

[2] As appellant upon his brief expresses his willingness, however, to take the deposition of plaintiff, that condition of the order will be allowed to remain.

The order should be modified, by striking therefrom the conditions of the payment of costs and the deposit of the amount of the judgment with the clerk as security, and, as so modified, affirmed, with $10 costs to appellant. All concur.

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Bluebook (online)

157 N.Y.S. 884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bais-v-nash-nyappterm-1916.

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