Margolys v. Mollenick

Appellate Terms of the Supreme Court of New York

Margolys v. Mollenick

94 N.Y.S. 301

Procedural entryThis page is a short order in Margolys v. Mollenick. Read the opinion of the Court — 98 N.Y.S. 849 →

Appellate Terms of the Supreme Court of New York·Decided June 22, 1905·Published

Opinion

PER CURIAM.

Unusual, or, rather, extraordinary in the sense of being contrary to the Code and rules regulating procedure, as is granting a motion to open a default already denied by one justice and brought without leave before another upon similar and insufficient papers at best, this court may not entertain this appeal, be[302]*302cause, under the present statute, no appeal may lie in the first instance from an order opening a default and vacating a judgment entered therein. Section 257, p. 1563, c. 580, Laws 1902.

Appeal dismissed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Unusual, or, rather, extraordinary in the sense of being contrary to the Code and rules regulating procedure, as is granting a motion to open a default already denied by one justice and brought without leave before another upon similar and insufficient papers at best, this court may not entertain this appeal, be[302]*302cause, under the present statute, no appeal may lie in the first instance from an order opening a default and vacating a judgment entered therein. Section 257, p. 1563, c. 580, Laws 1902.

Appeal dismissed, without costs.

Margolys v. Mollenick, 94 N.Y.S. 301 (N.Y. Ct. App. 1905).

Pincite

94 N.Y.S. 301 (Margolys v. Mollenick) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.