Brown v. Hugo Stinnes Corp.

Appellate Division of the Supreme Court of New York

Brown v. Hugo Stinnes Corp.

283 A.D. 1026, 131 N.Y.S.2d 292, 1954 N.Y. App. Div. LEXIS 6148

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

DecidedJune 8, 1954

StatusPublished

This text of 283 A.D. 1026 (Brown v. Hugo Stinnes Corp.) 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

Brown v. Hugo Stinnes Corp., 283 A.D. 1026, 131 N.Y.S.2d 292, 1954 N.Y. App. Div. LEXIS 6148 (N.Y. Ct. App. 1954).

Pincite

Opinion

— The defendants are in default only if the stay granted by this court pending the determination of the appeal to' the Court of Appeals does not include the right to interpose answers pursuant to the provisions of section 283 of the Civil Practice Act. Even if the defendants are technically in default, such defaults were due to an understandable inadvertence and have in no wise prejudiced the plaintiffs. Ip view of this circumstance and the further consideration that the [1027]*1027imposition of terms might hamper the Office of Alien Property in its supervision of the affairs of the defendants, we believe that the proper exercise of discretion dictates that the judgments entered herein be vacated and the alleged defaults opened, without conditions. Orders unanimously modified to the extent of eliminating therefrom the provisions requiring the defendants to file surety company bonds and by extending the time of the defendants to answer the complaints herein to ten days after the notice of entry of the orders filed herein. Settle orders on notice. Present — Dore, J. P., Cohn, Callahan, Bastow and Botein, JJ.

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— The defendants are in default only if the stay granted by this court pending the determination of the appeal to' the Court of Appeals does not include the right to interpose answers pursuant to the provisions of section 283 of the Civil Practice Act. Even if the defendants are technically in default, such defaults were due to an understandable inadvertence and have in no wise prejudiced the plaintiffs. Ip view of this circumstance and the further consideration that the [1027]*1027imposition of terms might hamper the Office of Alien Property in its supervision of the affairs of the defendants, we believe that the proper exercise of discretion dictates that the judgments entered herein be vacated and the alleged defaults opened, without conditions. Orders unanimously modified to the extent of eliminating therefrom the provisions requiring the defendants to file surety company bonds and by extending the time of the defendants to answer the complaints herein to ten days after the notice of entry of the orders filed herein. Settle orders on notice. Present — Dore, J. P., Cohn, Callahan, Bastow and Botein, JJ.

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Bluebook (online)

283 A.D. 1026, 131 N.Y.S.2d 292, 1954 N.Y. App. Div. LEXIS 6148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-hugo-stinnes-corp-nyappdiv-1954.