Beni v. Frasca

Appellate Division of the Supreme Court of New York

Beni v. Frasca

259 A.D. 844, 19 N.Y.S.2d 223, 1940 N.Y. App. Div. LEXIS 6947

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 19, 1940

StatusPublished

Cited by3 cases

This text of 259 A.D. 844 (Beni v. Frasca) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beni v. Frasca, 259 A.D. 844, 19 N.Y.S.2d 223, 1940 N.Y. App. Div. LEXIS 6947 (N.Y. Ct. App. 1940).

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Opinion

Order denying motion to open defendants’ default and set aside an inquest taken by the plaintiff on September 26, 1939, reversed on the law and the facts and motion granted, on condition, however, that within ten days from the entry of the order hereon the defendants pay to the plaintiff the sum of twenty dollars costs, stipulate that upon the trial, without conceding the truthfulness thereof, the testimony of the repairman, if called at the trial, would be the same as at the inquest, namely, that the sum of $163 was a reasonable charge for the repairs and that the said repairs were reasonably necessary to put plaintiff’s ear in good running condition, and secure the payment of any judgment that the plaintiff may eventually obtain by filing an undertaking in the sum of $350, or in lieu thereof, depositing that amount with the clerk of the court. Otherwise, order affirmed, "with ten dollars costs and disbursements. In our opinion the defendants are entitled, upon appropriate terms, to the relief demanded. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.

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Order denying motion to open defendants’ default and set aside an inquest taken by the plaintiff on September 26, 1939, reversed on the law and the facts and motion granted, on condition, however, that within ten days from the entry of the order hereon the defendants pay to the plaintiff the sum of twenty dollars costs, stipulate that upon the trial, without conceding the truthfulness thereof, the testimony of the repairman, if called at the trial, would be the same as at the inquest, namely, that the sum of $163 was a reasonable charge for the repairs and that the said repairs were reasonably necessary to put plaintiff’s ear in good running condition, and secure the payment of any judgment that the plaintiff may eventually obtain by filing an undertaking in the sum of $350, or in lieu thereof, depositing that amount with the clerk of the court. Otherwise, order affirmed, "with ten dollars costs and disbursements. In our opinion the defendants are entitled, upon appropriate terms, to the relief demanded. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.

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Bluebook (online)

259 A.D. 844, 19 N.Y.S.2d 223, 1940 N.Y. App. Div. LEXIS 6947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beni-v-frasca-nyappdiv-1940.

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