James McGovern Sons, Inc. v. Moreno

Appellate Division of the Supreme Court of New York

James McGovern Sons, Inc. v. Moreno

10 A.D.2d 734, 201 N.Y.S.2d 489, 1960 N.Y. App. Div. LEXIS 10930

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

DecidedMarch 28, 1960

StatusPublished

This text of 10 A.D.2d 734 (James McGovern Sons, Inc. v. Moreno) 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

James McGovern Sons, Inc. v. Moreno, 10 A.D.2d 734, 201 N.Y.S.2d 489, 1960 N.Y. App. Div. LEXIS 10930 (N.Y. Ct. App. 1960).

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Opinion

In an action for goods sold and delivered, wherein the defendants are admittedly jointly and severally liable, judgment by default was entered against defendant Moreno. The judgment provided, inter alla, that the action was thereby severed and that plaintiff have leave to proceed against the other defendants. Subsequently, the default was opened and the action against Moreno was restored over plaintiff’s opposition, but the judgment was allowed to stand as security. Defendants Severino and J. S. Building Corp. appeal from an order which (1) denied their motion for summary judgment on the ground that the action against them was terminated by the entry of the judgment 'against Moreno, and (2) granted plaintiff’s cross motion to vacate said default judgment. Order affirmed, with $10 costs and disbursements. (Civ. Prae. Act, § 474, subd. 2; Kriser v. Rodgers, 195 App. Div. 394.) Nolan, P. J., Beldoek, Ughetta, Kleinfeld and Pette, JJ., concur.

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In an action for goods sold and delivered, wherein the defendants are admittedly jointly and severally liable, judgment by default was entered against defendant Moreno. The judgment provided, inter alla, that the action was thereby severed and that plaintiff have leave to proceed against the other defendants. Subsequently, the default was opened and the action against Moreno was restored over plaintiff’s opposition, but the judgment was allowed to stand as security. Defendants Severino and J. S. Building Corp. appeal from an order which (1) denied their motion for summary judgment on the ground that the action against them was terminated by the entry of the judgment 'against Moreno, and (2) granted plaintiff’s cross motion to vacate said default judgment. Order affirmed, with $10 costs and disbursements. (Civ. Prae. Act, § 474, subd. 2; Kriser v. Rodgers, 195 App. Div. 394.) Nolan, P. J., Beldoek, Ughetta, Kleinfeld and Pette, JJ., concur.

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Bluebook (online)

10 A.D.2d 734, 201 N.Y.S.2d 489, 1960 N.Y. App. Div. LEXIS 10930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-mcgovern-sons-inc-v-moreno-nyappdiv-1960.

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