Katzenberg v. Land Estates Inc.

Appellate Division of the Supreme Court of New York

Katzenberg v. Land Estates Inc.

241 A.D. 874

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

DecidedMay 15, 1934

StatusPublished

This text of 241 A.D. 874 (Katzenberg v. Land Estates Inc.) 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

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

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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.

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Bluebook (online)

241 A.D. 874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katzenberg-v-land-estates-inc-nyappdiv-1934.