Devlin v. Waller

Appellate Division of the Supreme Court of New York

Devlin v. Waller

46 A.D.2d 672, 360 N.Y.S.2d 46, 1974 N.Y. App. Div. LEXIS 3904

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 21, 1974

StatusPublished

This text of 46 A.D.2d 672 (Devlin v. Waller) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Devlin v. Waller, 46 A.D.2d 672, 360 N.Y.S.2d 46, 1974 N.Y. App. Div. LEXIS 3904 (N.Y. Ct. App. 1974).

Pincite

Opinion

In these two consolidated matters (an action for a declaratory judgment and specific performance of an alleged oral lease and a summary dispossess proceeding), Carl N. Waller, the defendant in the action, appeals from an order of the Supreme Court, Queens County, entered August 28, 1973, which denied his motion to open his default in failing to proceed to trial on January 24, 1973, and to vacate the ensuing default judgment. Order reversed, as a matter of discretion and in the interests of justice, without costs, and motion granted. Under all the circumstances of this case, and in the interests of justice, the default should be vacated and a trial had. Hopkins, Acting P. J., Cohalan, Brennan, Benjamin and Munder, JJ., concur.

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In these two consolidated matters (an action for a declaratory judgment and specific performance of an alleged oral lease and a summary dispossess proceeding), Carl N. Waller, the defendant in the action, appeals from an order of the Supreme Court, Queens County, entered August 28, 1973, which denied his motion to open his default in failing to proceed to trial on January 24, 1973, and to vacate the ensuing default judgment. Order reversed, as a matter of discretion and in the interests of justice, without costs, and motion granted. Under all the circumstances of this case, and in the interests of justice, the default should be vacated and a trial had. Hopkins, Acting P. J., Cohalan, Brennan, Benjamin and Munder, JJ., concur.

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Bluebook (online)

46 A.D.2d 672, 360 N.Y.S.2d 46, 1974 N.Y. App. Div. LEXIS 3904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devlin-v-waller-nyappdiv-1974.