Margolys v. Mollenick

Appellate Terms of the Supreme Court of New York

Margolys v. Mollenick

94 N.Y.S. 301

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 22, 1905

StatusPublished

This text of 94 N.Y.S. 301 (Margolys v. Mollenick) 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.

Bluebook

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

Pincite

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.

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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.

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Bluebook (online)

94 N.Y.S. 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/margolys-v-mollenick-nyappterm-1905.