Gallo v. Bosco

Appellate Division of the Supreme Court of New York

Gallo v. Bosco

13 A.D.2d 982, 216 N.Y.S.2d 501, 1961 N.Y. App. Div. LEXIS 10315

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

DecidedJune 12, 1961

StatusPublished

Cited by3 cases

This text of 13 A.D.2d 982 (Gallo v. Bosco) 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

Gallo v. Bosco, 13 A.D.2d 982, 216 N.Y.S.2d 501, 1961 N.Y. App. Div. LEXIS 10315 (N.Y. Ct. App. 1961).

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Opinion

In an action to recover money loaned and damages sustained as a result of an alleged conspiracy, the plaintiff appeals from an order of the Supreme Court, Queens County, dated January 27, 1961, which granted the motion of defendant Tina Bosco to open her default, to vacate the default judgment entered against her for $5,927.25, and to permit her to serve an answer, and which vacated an order of severance by said court, dated October 5, 1960, such relief being granted on the condition: (1) that the said judgment remain a lien as security for any recovery which may be had against her in the action; (2) that she serve an answer within 10 days after the service of a copy of the order with notice of entry and (3) that she pay costs in the sum of $25. Order affirmed, without costs. Said defendant’s time to serve her answer is extended until 20 days after entry of the order hereon. A default may be opened on appropriate terms where, as here, it occurred through a defendant’s mistake or ignorance as to the law (see, e.g., Gideon v. Dwyer, 17 Misc. 233, affd. 7 App. Div. 608; President, etc., of Eagle Bank of New Haven v. Holley, 7 Cow. 514). Nolan, P. J., Beldock, Ughetta, Pette and Brennan, JJ., concur.

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In an action to recover money loaned and damages sustained as a result of an alleged conspiracy, the plaintiff appeals from an order of the Supreme Court, Queens County, dated January 27, 1961, which granted the motion of defendant Tina Bosco to open her default, to vacate the default judgment entered against her for $5,927.25, and to permit her to serve an answer, and which vacated an order of severance by said court, dated October 5, 1960, such relief being granted on the condition: (1) that the said judgment remain a lien as security for any recovery which may be had against her in the action; (2) that she serve an answer within 10 days after the service of a copy of the order with notice of entry and (3) that she pay costs in the sum of $25. Order affirmed, without costs. Said defendant’s time to serve her answer is extended until 20 days after entry of the order hereon. A default may be opened on appropriate terms where, as here, it occurred through a defendant’s mistake or ignorance as to the law (see, e.g., Gideon v. Dwyer, 17 Misc. 233, affd. 7 App. Div. 608; President, etc., of Eagle Bank of New Haven v. Holley, 7 Cow. 514). Nolan, P. J., Beldock, Ughetta, Pette and Brennan, JJ., concur.

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Bluebook (online)

13 A.D.2d 982, 216 N.Y.S.2d 501, 1961 N.Y. App. Div. LEXIS 10315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallo-v-bosco-nyappdiv-1961.

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