Intercity Carnival Co. v. Illions

Appellate Terms of the Supreme Court of New York

Intercity Carnival Co. v. Illions

136 Misc. 56, 239 N.Y.S. 128, 1929 N.Y. Misc. LEXIS 1064

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 14, 1929

StatusPublished

This text of 136 Misc. 56 (Intercity Carnival Co. v. Illions) 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

Intercity Carnival Co. v. Illions, 136 Misc. 56, 239 N.Y.S. 128, 1929 N.Y. Misc. LEXIS 1064 (N.Y. Ct. App. 1929).

Pincite

Opinion

Per Curiam.

Order unanimously reversed upon the law, with ten dollars costs to appellant, and motion to open default denied, with ten dollars costs, and judgment reinstated.

The application to open the default was not made until more than two years after the entry of the judgment, knowledge of which was had by the defendant and his attorney. The motion, therefore, was not made with due diligence. (New York Mun. Ct. Code [Laws of 3915, chap. 279], § 129, subd. 2.)

The failure to give notice adjourning the case was a mere irregularity and did not render the judgment void.

All concur; present, Cropsey, MacCrate and Lewis, JJ.

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Per Curiam.

Order unanimously reversed upon the law, with ten dollars costs to appellant, and motion to open default denied, with ten dollars costs, and judgment reinstated.

The application to open the default was not made until more than two years after the entry of the judgment, knowledge of which was had by the defendant and his attorney. The motion, therefore, was not made with due diligence. (New York Mun. Ct. Code [Laws of 3915, chap. 279], § 129, subd. 2.)

The failure to give notice adjourning the case was a mere irregularity and did not render the judgment void.

All concur; present, Cropsey, MacCrate and Lewis, JJ.

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Bluebook (online)

136 Misc. 56, 239 N.Y.S. 128, 1929 N.Y. Misc. LEXIS 1064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/intercity-carnival-co-v-illions-nyappterm-1929.