Machina v. Pryzgoda

Appellate Division of the Supreme Court of New York

Machina v. Pryzgoda

282 A.D. 1051, 126 N.Y.S.2d 336, 1953 N.Y. App. Div. LEXIS 5793

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

DecidedDecember 7, 1953

StatusPublished

Cited by3 cases

This text of 282 A.D. 1051 (Machina v. Pryzgoda) 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

Machina v. Pryzgoda, 282 A.D. 1051, 126 N.Y.S.2d 336, 1953 N.Y. App. Div. LEXIS 5793 (N.Y. Ct. App. 1953).

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Opinion

— In an action to recover damages for personal injuries, plaintiff appeals from an order granting defendant’s motion to open his default in pleading and to vacate the judgment entered thereon after inquest before the court. Order modified by striking from the second ordering paragraph the words “be and the same is hereby vacated and set aside” and by substituting therefor the words “stand as security until the final determination of the action ”; and by striking out the third ordering paragraph. As so modified the order is affirmed, with $10 costs and disbursements to appellant. Since the default was not willful, in the circumstances of this case it was proper to open the default and allow defendant to have his day in court. In our opinion, however, it was an improvident exercise of discretion to grant such relief without the imposition of the terms provided hereby. Adel, Acting P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.

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— In an action to recover damages for personal injuries, plaintiff appeals from an order granting defendant’s motion to open his default in pleading and to vacate the judgment entered thereon after inquest before the court. Order modified by striking from the second ordering paragraph the words “be and the same is hereby vacated and set aside” and by substituting therefor the words “stand as security until the final determination of the action ”; and by striking out the third ordering paragraph. As so modified the order is affirmed, with $10 costs and disbursements to appellant. Since the default was not willful, in the circumstances of this case it was proper to open the default and allow defendant to have his day in court. In our opinion, however, it was an improvident exercise of discretion to grant such relief without the imposition of the terms provided hereby. Adel, Acting P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.

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Bluebook (online)

282 A.D. 1051, 126 N.Y.S.2d 336, 1953 N.Y. App. Div. LEXIS 5793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/machina-v-pryzgoda-nyappdiv-1953.

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