Home/Appellate Terms of the Supreme Court of New York/Fritz v. Farber

Fritz v. Farber

11 Misc. 2d 485, 177 N.Y.S.2d 569
CourtAppellate Terms of the Supreme Court of New York
DecidedApril 1, 1958
StatusPublished
Cited by4 cases

This text of 11 Misc. 2d 485 (Fritz v. Farber) 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
Fritz v. Farber, 11 Misc. 2d 485, 177 N.Y.S.2d 569 (N.Y. Ct. App. 1958).

Opinion

Per Curiam.

Since there was no satisfactory excuse for the default and no showing of a meritorious defense, the motion to opon the default was properly denied. Irrespective of whether a default occurs before or after joinder of issue, the party seeking to be relieved therefrom must show not only that the default was the result of mistake, inadvertence, surprise or excusable neglect hut also that be bas a meritorious cause of action or a meritorious defense. We are mindful of onr former decisions to the effect that an affidavit of merits is not required when the default occurs after joinder of issue. The reasons originally assigned for this holding no longer obtain.

The judgment and order should he affirmed, with $10 costs.

Pette, Hart and Di G-íovañna, jj., concur.

judgment and order affirmed, etc.

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

Related

Stone Conveyor Co. v. Nickerson
38 Misc. 2d 181 (New York Supreme Court, 1962)
Boxer v. Topalian
37 Misc. 2d 454 (Civil Court of the City of New York, 1962)
Rubin v. Kearney
19 Misc. 2d 855 (New York County Courts, 1959)
Wasserman v. Tortora
15 Misc. 2d 1000 (Appellate Terms of the Supreme Court of New York, 1958)

Cite This Page — Counsel Stack

Bluebook (online)
11 Misc. 2d 485, 177 N.Y.S.2d 569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fritz-v-farber-nyappterm-1958.