Blake v. Festa

Appellate Division of the Supreme Court of New York

Blake v. Festa

286 A.D. 866, 143 N.Y.S.2d 647, 1955 N.Y. App. Div. LEXIS 4382

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

DecidedJune 20, 1955

StatusPublished

This text of 286 A.D. 866 (Blake v. Festa) 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

Blake v. Festa, 286 A.D. 866, 143 N.Y.S.2d 647, 1955 N.Y. App. Div. LEXIS 4382 (N.Y. Ct. App. 1955).

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Opinion

Upon defendant’s motion to vacate a default judgment against him which had been entered in 1935, on the ground that at that time he was an infant and that the summons had not been served in accordance with the provisions of subdivision 1 of section 225 of the Civil Practice Act, the Special Term conducted a hearing, pursuant to the direction of this court (Blake v. Festa, 283 App. Div. 1068), with respect to the disputed verification of an answer which had been interposed on his behalf and with respect to the extent of his participation in the action after he attained his majority. Thereafter the court made the order, from which plaintiff appeals, vacating the judgment, releasing property from levy and vacating a stay contained in an order in supplementary proceedings. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Wenzel, Schmidt, Murphy and Ughetta, JJ., concur. [See post, p. 967.]

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Upon defendant’s motion to vacate a default judgment against him which had been entered in 1935, on the ground that at that time he was an infant and that the summons had not been served in accordance with the provisions of subdivision 1 of section 225 of the Civil Practice Act, the Special Term conducted a hearing, pursuant to the direction of this court (Blake v. Festa, 283 App. Div. 1068), with respect to the disputed verification of an answer which had been interposed on his behalf and with respect to the extent of his participation in the action after he attained his majority. Thereafter the court made the order, from which plaintiff appeals, vacating the judgment, releasing property from levy and vacating a stay contained in an order in supplementary proceedings. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Wenzel, Schmidt, Murphy and Ughetta, JJ., concur. [See post, p. 967.]

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Bluebook (online)

286 A.D. 866, 143 N.Y.S.2d 647, 1955 N.Y. App. Div. LEXIS 4382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blake-v-festa-nyappdiv-1955.

Opinion

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