Larney v. S. & I. Lefkowitz, Inc.
This text of 251 A.D. 404 (Larney v. S. & I. Lefkowitz, 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.
Opinion
The only additional facts upon which the motion to open the defendant’s default was sought to be renewed relate to the plaintiff’s title to the notes which are the subject of the action. In view of the written assignments vesting title to the notes in the plaintiff, there is no such reasonable probability of success on the part of the defendant as to justify the retrial of the action. (Sheridan v. Mayor, 68 N. Y. 30.)
[405]*405The order should be reversed, with twenty dollars costs and disbursements, and the motion denied.
Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.
Order unanimously reversed, with twenty dollars costs and disbursements, and motion denied.
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Cite This Page — Counsel Stack
251 A.D. 404, 296 N.Y.S. 679, 1937 N.Y. App. Div. LEXIS 6959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larney-v-s-i-lefkowitz-inc-nyappdiv-1937.