Cognato v. Fitzhenry

126 N.Y.S. 627

• Court: Appellate Terms of the Supreme Court of New York
• Decided: January 5, 1911
• Status: Published

Opinion

GIEGERICH, J.

The defendant appeals from an order denying his motion to open his default. The order appealed from granted him leave to renew upon proper papers. The defendant • defaulted ■before joinder of issue, and upon the motion did not file either ,an affidavit of merits or a copy of his proposed answer, and evidently liis motion was denied for that reason, and properly. A copy of the proposed answer must be annexed to and served with the motion papers. Schumpp v. Int. St. Ry. Co., 81 App. Div. 576, 81 N. Y. Supp. 366; Meyer v. City of New York, 80 App. Div. 584, 80 N. Y. Supp, 774; Kuh v. Goldman, 119 App. Div. 148, 104 N. Y. Supp. 255; Reid v. Jackson’s Express, 107 N. Y. Supp. 633; Bloch v. Weinstein, 113 N. Y. Supp. 1067.

Order affirmed, with costs. All concur.