Flike v. American Surety Co.

Appellate Division of the Supreme Court of New York

Flike v. American Surety Co.

257 A.D. 912, 12 N.Y.S.2d 205, 1939 N.Y. App. Div. LEXIS 8366

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

DecidedMay 10, 1939

StatusPublished

Cited by2 cases

This text of 257 A.D. 912 (Flike v. American Surety Co.) 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

Flike v. American Surety Co., 257 A.D. 912, 12 N.Y.S.2d 205, 1939 N.Y. App. Div. LEXIS 8366 (N.Y. Ct. App. 1939).

Pincite

Opinion

Order dated November 21, 1938, and entered December 28, 1938, reversed on the facts, with ten dollars costs and disbursements, and motion granted in the following respects: (1)' vacating and setting aside the order dismissing the complaint, dated September 27, 1938, and (2) restoring the action to the trial calendar, on condition that plaintiff pay the fees paid by defendant to [913]*913witnesses for court attendance on September 27, 1938, and pay ten dollars costs of the motion; motion otherwise denied, reserving to the plaintiff the privilege to move over for the relief herein denied. Appeals from orders entered September 27, 1938, and October 14,1938, respectively,' dismissed, without costs, as academic, in view of the decision on the order entered December 28, 1938. Memorandum: In our opinion the record shows a situation where in the interests of justice the default should be opened. All concur. (One order dismisses the complaint on the merits, the second order denies plaintiff’s application to restore the action to the calendar; the third order denies plaintiff’s application to vacate the two previous orders.) Present — Sears, P. J., Crosby, Lewis, Cunningham, and Taylor, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order dated November 21, 1938, and entered December 28, 1938, reversed on the facts, with ten dollars costs and disbursements, and motion granted in the following respects: (1)' vacating and setting aside the order dismissing the complaint, dated September 27, 1938, and (2) restoring the action to the trial calendar, on condition that plaintiff pay the fees paid by defendant to [913]*913witnesses for court attendance on September 27, 1938, and pay ten dollars costs of the motion; motion otherwise denied, reserving to the plaintiff the privilege to move over for the relief herein denied. Appeals from orders entered September 27, 1938, and October 14,1938, respectively,' dismissed, without costs, as academic, in view of the decision on the order entered December 28, 1938. Memorandum: In our opinion the record shows a situation where in the interests of justice the default should be opened. All concur. (One order dismisses the complaint on the merits, the second order denies plaintiff’s application to restore the action to the calendar; the third order denies plaintiff’s application to vacate the two previous orders.) Present — Sears, P. J., Crosby, Lewis, Cunningham, and Taylor, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

257 A.D. 912, 12 N.Y.S.2d 205, 1939 N.Y. App. Div. LEXIS 8366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flike-v-american-surety-co-nyappdiv-1939.

Opinion

Related

Cite This Page — Counsel Stack