De Fini v. Imperatori

Appellate Terms of the Supreme Court of New York

De Fini v. Imperatori

127 Misc. 42, 215 N.Y.S. 175, 1926 N.Y. Misc. LEXIS 894

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 12, 1926

StatusPublished

This text of 127 Misc. 42 (De Fini v. Imperatori) 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

De Fini v. Imperatori, 127 Misc. 42, 215 N.Y.S. 175, 1926 N.Y. Misc. LEXIS 894 (N.Y. Ct. App. 1926).

Pincite

Opinion

Per Curiam.

An examination of the papers indicates that defendant suffered a default in a fairly inexcusable manner and has twice refrained from showing in its affidavits any real merit in the defense, and in particular, from giving the names of witnesses who could prove such defense, if any, although the necessity of that course was suggested at the time of the denial of the first motion. Under these circumstances we do not think that any further leave should be granted.

Order modified by striking therefrom the provision for a renewal of the motion and as modified affirmed, with ten dollars costs and disbursements to appellant.

All concur; present, Bijur, Lydon and Levy, JJ.

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Per Curiam.

An examination of the papers indicates that defendant suffered a default in a fairly inexcusable manner and has twice refrained from showing in its affidavits any real merit in the defense, and in particular, from giving the names of witnesses who could prove such defense, if any, although the necessity of that course was suggested at the time of the denial of the first motion. Under these circumstances we do not think that any further leave should be granted.

Order modified by striking therefrom the provision for a renewal of the motion and as modified affirmed, with ten dollars costs and disbursements to appellant.

All concur; present, Bijur, Lydon and Levy, JJ.

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Bluebook (online)

127 Misc. 42, 215 N.Y.S. 175, 1926 N.Y. Misc. LEXIS 894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-fini-v-imperatori-nyappterm-1926.