Kozuch v. Frey

Appellate Division of the Supreme Court of New York

Kozuch v. Frey

4 A.D.2d 785, 165 N.Y.S.2d 165, 1957 N.Y. App. Div. LEXIS 4753

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

DecidedJuly 15, 1957

StatusPublished

This text of 4 A.D.2d 785 (Kozuch v. Frey) 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

Kozuch v. Frey, 4 A.D.2d 785, 165 N.Y.S.2d 165, 1957 N.Y. App. Div. LEXIS 4753 (N.Y. Ct. App. 1957).

Pincite

Opinion

In an action to recover possession of real property, the appeal is (1) from a judgment entered after inquest in favor of the respondents upon a default in appearance and in pleading, and (2) from an order denying, without a hearing, appellants’ motion to vacate said judgment, despite the contention by the appellant Lillian Prey that she was never served with process. Appeal from judgment dismissed, without costs. No appeal lies from a default judgment. Order affirmed, without costs. The record justifies the determination of Special Term that both appellants were served with process and that their default was deliberate. Wenzel, Ughetta, Hallinan and Kleinfeld, JJ., concur; Nolan, P. J., concurs in the dismissal of the appeal from the judgment and in the affirmance of the order as to appellant Walter J. Prey, but dissents from the affirmance of the order as to appellant Lillian Prey, and votes to reverse the order as to said appellant and to remit the motion to the Special Term for the purpose of holding a hearing to determine whether said appellant was duly served with process.

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In an action to recover possession of real property, the appeal is (1) from a judgment entered after inquest in favor of the respondents upon a default in appearance and in pleading, and (2) from an order denying, without a hearing, appellants’ motion to vacate said judgment, despite the contention by the appellant Lillian Prey that she was never served with process. Appeal from judgment dismissed, without costs. No appeal lies from a default judgment. Order affirmed, without costs. The record justifies the determination of Special Term that both appellants were served with process and that their default was deliberate. Wenzel, Ughetta, Hallinan and Kleinfeld, JJ., concur; Nolan, P. J., concurs in the dismissal of the appeal from the judgment and in the affirmance of the order as to appellant Walter J. Prey, but dissents from the affirmance of the order as to appellant Lillian Prey, and votes to reverse the order as to said appellant and to remit the motion to the Special Term for the purpose of holding a hearing to determine whether said appellant was duly served with process.

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Bluebook (online)

4 A.D.2d 785, 165 N.Y.S.2d 165, 1957 N.Y. App. Div. LEXIS 4753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kozuch-v-frey-nyappdiv-1957.