Lee v. Arnowitz
This text of 241 A.D. 822 (Lee v. Arnowitz) 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
Order reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. This case is not properly on the Trial Term calendar for the reason that a note of issue was not filed for any of the terms for which it was noticed for trial. (Weaver v. Miller, 187 App. Div. 827; Rea v. Horton, 241 id. 742.) The fact that when the case was reached for trial an inquest was taken by the plaintiffs and a judgment, subsequently vacated, entered by default against the defendant, gives the plaintiffs no rights which they did not have prior to the entry of the judgment. Lazansky, P. J., Young, Kapper, Hagarty and Davis, JJ., concur.
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241 A.D. 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-arnowitz-nyappdiv-1934.