Donatone v. Hennings

Appellate Terms of the Supreme Court of New York

Donatone v. Hennings

21 Misc. 2d 283, 199 N.Y.S.2d 791, 1959 N.Y. Misc. LEXIS 2652

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 12, 1959

StatusPublished

This text of 21 Misc. 2d 283 (Donatone v. Hennings) 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

Donatone v. Hennings, 21 Misc. 2d 283, 199 N.Y.S.2d 791, 1959 N.Y. Misc. LEXIS 2652 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The answer was timely served and filed. The subsequent alleged default, inquest and judgment taken by plaintiff were improper. Defendant’s moving papers presented an adequate and meritorious defense to the cause of action stated by plaintiff.

The order should be reversed, with $10 costs to defendant, and motion granted, judgment vacated and case restored to General Calendar.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ.

Order reversed, etc.

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Per Curiam.

The answer was timely served and filed. The subsequent alleged default, inquest and judgment taken by plaintiff were improper. Defendant’s moving papers presented an adequate and meritorious defense to the cause of action stated by plaintiff.

The order should be reversed, with $10 costs to defendant, and motion granted, judgment vacated and case restored to General Calendar.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ.

Order reversed, etc.

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Bluebook (online)

21 Misc. 2d 283, 199 N.Y.S.2d 791, 1959 N.Y. Misc. LEXIS 2652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donatone-v-hennings-nyappterm-1959.