Hanke v. Brown

Appellate Division of the Supreme Court of New York

Hanke v. Brown

2 A.D.2d 694, 152 N.Y.S.2d 538, 1956 N.Y. App. Div. LEXIS 4968

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

DecidedJune 18, 1956

StatusPublished

This text of 2 A.D.2d 694 (Hanke v. Brown) 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

Hanke v. Brown, 2 A.D.2d 694, 152 N.Y.S.2d 538, 1956 N.Y. App. Div. LEXIS 4968 (N.Y. Ct. App. 1956).

Pincite

Opinion

In an action to recover a balance alleged to be due for work, labor and services, the appeal is from an order of the County Court, Suffolk County, granting respondents’ motion to open their default and granting them leave to serve an answer. Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. The work, labor and services were rendered pursuant to a written contract which was entered into in 1952. The action was commenced in April, 1955. Respondents were fully aware of the claim against them for the unpaid balance before and after the commencement of the action. Letters from appellant’s attorney, the summons and complaint, and notice of the entry of judgment, together with a copy thereof, were all ignored by respondents. In our opinion the default was willful, intentional and deliberate and not inadvertent or excusable. Nor is there a sufficient [695]*695showing of merit. Nolan, P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ., concur.

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In an action to recover a balance alleged to be due for work, labor and services, the appeal is from an order of the County Court, Suffolk County, granting respondents’ motion to open their default and granting them leave to serve an answer. Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. The work, labor and services were rendered pursuant to a written contract which was entered into in 1952. The action was commenced in April, 1955. Respondents were fully aware of the claim against them for the unpaid balance before and after the commencement of the action. Letters from appellant’s attorney, the summons and complaint, and notice of the entry of judgment, together with a copy thereof, were all ignored by respondents. In our opinion the default was willful, intentional and deliberate and not inadvertent or excusable. Nor is there a sufficient [695]*695showing of merit. Nolan, P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

2 A.D.2d 694, 152 N.Y.S.2d 538, 1956 N.Y. App. Div. LEXIS 4968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanke-v-brown-nyappdiv-1956.