Christal v. Fifty-Five Columbus Corp.

Appellate Terms of the Supreme Court of New York

Christal v. Fifty-Five Columbus Corp.

168 Misc. 118, 5 N.Y.S.2d 227, 1938 N.Y. Misc. LEXIS 1676

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 20, 1938

StatusPublished

This text of 168 Misc. 118 (Christal v. Fifty-Five Columbus Corp.) 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

Christal v. Fifty-Five Columbus Corp., 168 Misc. 118, 5 N.Y.S.2d 227, 1938 N.Y. Misc. LEXIS 1676 (N.Y. Ct. App. 1938).

Pincite

Opinion

Per Curiam.

Although no legal excuse was offered for the default suffered by the defendant on the return day of the motion for summary judgment, the judgment must be vacated as it is not based upon the affidavit of one having personal knowledge of the facts as required by rule 113 of the Rules of Civil Practice.

Orders reversed, and motions to open default and vacate judgment granted, with leave to plaintiff to move de novo for summary judgment.

All concur. Present — Hammer, Shientag and Noonan, JJ.

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Per Curiam.

Although no legal excuse was offered for the default suffered by the defendant on the return day of the motion for summary judgment, the judgment must be vacated as it is not based upon the affidavit of one having personal knowledge of the facts as required by rule 113 of the Rules of Civil Practice.

Orders reversed, and motions to open default and vacate judgment granted, with leave to plaintiff to move de novo for summary judgment.

All concur. Present — Hammer, Shientag and Noonan, JJ.

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Bluebook (online)

168 Misc. 118, 5 N.Y.S.2d 227, 1938 N.Y. Misc. LEXIS 1676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christal-v-fifty-five-columbus-corp-nyappterm-1938.