Garlinghouse v. Nelson

Appellate Division of the Supreme Court of New York

Garlinghouse v. Nelson

33 A.D.2d 972, 307 N.Y.S.2d 636, 1970 N.Y. App. Div. LEXIS 5641

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

DecidedJanuary 29, 1970

StatusPublished

This text of 33 A.D.2d 972 (Garlinghouse v. Nelson) 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

Garlinghouse v. Nelson, 33 A.D.2d 972, 307 N.Y.S.2d 636, 1970 N.Y. App. Div. LEXIS 5641 (N.Y. Ct. App. 1970).

Pincite

Opinion

Memorandum by the Court.

Appeal from an order of the Supreme Court at Special Term, entered July 23, 1969 in Ulster County, which granted a motion to vacate a default judgment and to restore the action to the calendar. Under the circumstances appearing and in view of the showing of merit, excuse and absence of willfulness, there is no reason to disturb Special Term’s discretion. It would seem that the action should take its original position on the calendar and that the parties should be prepared to proceed when it is reached for trial. Order affirmed, with costs. Herlihy, P. J., Stanley, Jr., Greenblott, Cooke and Sweeney, JJ., concur in memorandum by the court.

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Memorandum by the Court.

Appeal from an order of the Supreme Court at Special Term, entered July 23, 1969 in Ulster County, which granted a motion to vacate a default judgment and to restore the action to the calendar. Under the circumstances appearing and in view of the showing of merit, excuse and absence of willfulness, there is no reason to disturb Special Term’s discretion. It would seem that the action should take its original position on the calendar and that the parties should be prepared to proceed when it is reached for trial. Order affirmed, with costs. Herlihy, P. J., Stanley, Jr., Greenblott, Cooke and Sweeney, JJ., concur in memorandum by the court.

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Bluebook (online)

33 A.D.2d 972, 307 N.Y.S.2d 636, 1970 N.Y. App. Div. LEXIS 5641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garlinghouse-v-nelson-nyappdiv-1970.