Hirschberg v. Kruger

Appellate Division of the Supreme Court of New York

Hirschberg v. Kruger

149 A.D. 958, 133 N.Y.S. 1126

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

DecidedMarch 15, 1912

StatusPublished

This text of 149 A.D. 958 (Hirschberg v. Kruger) 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

Hirschberg v. Kruger, 149 A.D. 958, 133 N.Y.S. 1126 (N.Y. Ct. App. 1912).

Pincite

Opinion

We think that the Special Term should have relieved the defendant from his default, which was due to excusable inadvertence, and that the defendant should have a hearing upon the merits as presented by the record. The order is reversed, without costs, and the motion to open the default granted, upon payment of ten dollars costs and plaintiff’s disbursements on account of the entry of judgment and the proceedings thereon. The judgment must stand as security, or in lieu thereof the defendant may file within ten days a proper bond to secure the plaintiff. The motion for a [959]*959stay is dismissed, without costs. Jenks, P. J., Carr and Woodward, JJ., concurred; Thomas, J., dissented.

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We think that the Special Term should have relieved the defendant from his default, which was due to excusable inadvertence, and that the defendant should have a hearing upon the merits as presented by the record. The order is reversed, without costs, and the motion to open the default granted, upon payment of ten dollars costs and plaintiff’s disbursements on account of the entry of judgment and the proceedings thereon. The judgment must stand as security, or in lieu thereof the defendant may file within ten days a proper bond to secure the plaintiff. The motion for a [959]*959stay is dismissed, without costs. Jenks, P. J., Carr and Woodward, JJ., concurred; Thomas, J., dissented.

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Bluebook (online)

149 A.D. 958, 133 N.Y.S. 1126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hirschberg-v-kruger-nyappdiv-1912.