Empire State Pickling Co. v. Pfister

Appellate Division of the Supreme Court of New York

Empire State Pickling Co. v. Pfister

161 A.D. 909

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1914·Published·Cited by 1 cases

Opinion

Order affirmed, with ten dollars costs and disbursements, [910] without prej udice to a new motion to open the default as a matter of favor on showing merits. Held, that plaintiff’s practice was regular. All concurred, except Kruse, P. J., who dissented upon the following grounds: First, that the notice of trial is defective and insufficient as to form and manner of service; second, that in any event judicial discretion requires the opening of the judgment.

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Order affirmed, with ten dollars costs and disbursements, [910] without prej udice to a new motion to open the default as a matter of favor on showing merits. Held, that plaintiff’s practice was regular. All concurred, except Kruse, P. J., who dissented upon the following grounds: First, that the notice of trial is defective and insufficient as to form and manner of service; second, that in any event judicial discretion requires the opening of the judgment.

Empire State Pickling Co. v. Pfister, 161 A.D. 909 (N.Y. Ct. App. 1914).

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Opinion

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