Cirillo v. Savoy Trust Co.

Appellate Terms of the Supreme Court of New York

Cirillo v. Savoy Trust Co.

134 N.Y.S. 735

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 13, 1912

StatusPublished

This text of 134 N.Y.S. 735 (Cirillo v. Savoy Trust Co.) 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

Cirillo v. Savoy Trust Co., 134 N.Y.S. 735 (N.Y. Ct. App. 1912).

Pincite

Opinion

PER CURIAM.

The first answer served was improperly verified, and the plaintiffs’ attorney was within his rights in returning it upon that ground, and when the defendant attempted to serve the second answer it was in default. Treating the motion, therefore, as one made to open its default, the defendant failed to show facts sufficient to entitle it to such relief, and the motion was properly denied in the court below.

Order affirmed, with $10 costs and disbursements, with leave to the defendant to renew its motion to open its default.

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PER CURIAM.

The first answer served was improperly verified, and the plaintiffs’ attorney was within his rights in returning it upon that ground, and when the defendant attempted to serve the second answer it was in default. Treating the motion, therefore, as one made to open its default, the defendant failed to show facts sufficient to entitle it to such relief, and the motion was properly denied in the court below.

Order affirmed, with $10 costs and disbursements, with leave to the defendant to renew its motion to open its default.

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Bluebook (online)

134 N.Y.S. 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cirillo-v-savoy-trust-co-nyappterm-1912.