Church v. Stevens

Appellate Terms of the Supreme Court of New York

Church v. Stevens

110 N.Y.S. 209

Procedural entryThis page is a short order in Church v. Stevens. Read the opinion of the Court — 56 Misc. 572 →

Appellate Terms of the Supreme Court of New York·Decided May 15, 1908·Published

Opinion

PER CURIAM.

The plaintiff was entitled to the order setting aside the alleged default as a matter of absolute right. The imposition of $30 costs as a condition of granting the relief asked for was improper, as plaintiff was under no obligation to watch the calendar of [210]*210Trial Term, Part 1, when the case had been restored to Trial Term, Part 4, where short causes are tried.

So much of the order as is appealed from is reversed, with $10 costs and disbursements to appellant.

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PER CURIAM.

The plaintiff was entitled to the order setting aside the alleged default as a matter of absolute right. The imposition of $30 costs as a condition of granting the relief asked for was improper, as plaintiff was under no obligation to watch the calendar of [210]*210Trial Term, Part 1, when the case had been restored to Trial Term, Part 4, where short causes are tried.

So much of the order as is appealed from is reversed, with $10 costs and disbursements to appellant.

Church v. Stevens, 110 N.Y.S. 209 (N.Y. Ct. App. 1908).

Pincite

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