G. H. Poppenberg, Inc. v. Martin

Appellate Division of the Supreme Court of New York

G. H. Poppenberg, Inc. v. Martin

241 A.D. 792

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1934·Published

Opinion

Order reversed, with ten dollars costs and disbursements, and motion to open default denied, with ten dollars costs, on the ground that the moving papers fail to show merits on the part of the defendant justifying the granting of the order. While it may be that subsequent to the entry of the judgment there was a settlement between the parties, such settlement, if made, would not entitle the defendant to be relieved from his previously occurring default. All concur.

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Order reversed, with ten dollars costs and disbursements, and motion to open default denied, with ten dollars costs, on the ground that the moving papers fail to show merits on the part of the defendant justifying the granting of the order. While it may be that subsequent to the entry of the judgment there was a settlement between the parties, such settlement, if made, would not entitle the defendant to be relieved from his previously occurring default. All concur.

G. H. Poppenberg, Inc. v. Martin, 241 A.D. 792 (N.Y. Ct. App. 1934).

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