Katzenberg v. Land Estates Inc.

Appellate Division of the Supreme Court of New York

Katzenberg v. Land Estates Inc.

241 A.D. 874

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1934·Published

Opinion

Order as resettled reserved on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In our opinion, there was an abuse of discretion in granting the respondent’s motion to open Ms default and to permit him to serve an answer. The moving papers and the proposed answer fail to show any defense to the plaintiff’s cause of action. Lazansky, P. J., Carswell, Scudder and Tompkins, JJ., concur; Kapper, J., not voting.

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Order as resettled reserved on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In our opinion, there was an abuse of discretion in granting the respondent’s motion to open Ms default and to permit him to serve an answer. The moving papers and the proposed answer fail to show any defense to the plaintiff’s cause of action. Lazansky, P. J., Carswell, Scudder and Tompkins, JJ., concur; Kapper, J., not voting.

Katzenberg v. Land Estates Inc., 241 A.D. 874 (N.Y. Ct. App. 1934).

Pincite

241 A.D. 874 (Katzenberg v. Land Estates Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.