Liebling v. Borg
This text of 113 N.Y.S. 549 (Liebling v. Borg) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an appeal by the defendant from a judgment taken against him by default, and also from an order denying a motion to open such default. A judgment by default is not appeal-able, and for that reason the appeal must be dismissed. There can be no doubt but that the affidavits upon which defendant’s motion to open his default was based are radically defective, and the motion was therefore properly denied. It does not clearly appear, however, that the defendant has no defense, or that he was acting in bad faith in seeking the adjournment, and he should be permitted to renew his motion.
Appeal from the judgment dismissed. Order affirmed, with costs, with leave to renew within 10 days upon payment of such costs.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
113 N.Y.S. 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liebling-v-borg-nyappterm-1908.