Insel v. Spar

Appellate Terms of the Supreme Court of New York

Insel v. Spar

13 Misc. 2d 316, 179 N.Y.S.2d 953

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 20, 1958

StatusPublished

This text of 13 Misc. 2d 316 (Insel v. Spar) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Insel v. Spar, 13 Misc. 2d 316, 179 N.Y.S.2d 953 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

The order should be unanimously reversed on the law, with $10 costs and disbursements to defendants and motion denied without prejudice to an application to open the default if respondent be so advised. Since the action was dismissed upon the Classification and Control Calendar of the City Court, by virtue of the failure of the plaintiff to appear, it may not be restored to the calendar. The proper procedure is for the respondent to move to open his default. (Klein v. Vernon Lbr. Corf., 269 App. Div. 71.)

Concur — Pette, Hart and Brown, JJ.

Order reversed, etc.

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Per Curiam.

The order should be unanimously reversed on the law, with $10 costs and disbursements to defendants and motion denied without prejudice to an application to open the default if respondent be so advised. Since the action was dismissed upon the Classification and Control Calendar of the City Court, by virtue of the failure of the plaintiff to appear, it may not be restored to the calendar. The proper procedure is for the respondent to move to open his default. (Klein v. Vernon Lbr. Corf., 269 App. Div. 71.)

Concur — Pette, Hart and Brown, JJ.

Order reversed, etc.

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Bluebook (online)

13 Misc. 2d 316, 179 N.Y.S.2d 953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/insel-v-spar-nyappterm-1958.

Opinion

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