Corning v. Roosevelt

10 N.Y.S. 937, 18 N.Y. Civ. Proc. R. 193, 1890 N.Y. Misc. LEXIS 1074

Opinion

Andrews, J.

As no copy of the affidavit of merits was served; plaintiff has the right to disregard it. Code Civil Proc. § 782; Rule 24. The judgment was heretofore regularly entered, and the defendant is in default. Such default will be opened so far as to permit a defense of the action upon payment of plaintiff’s costs and disbursements; the answer to be served within . 10 days, and the judgment to stand as security. The order will be settled on notice.