Michael v. Rand Coffee Stores, Inc.

Appellate Terms of the Supreme Court of New York

Michael v. Rand Coffee Stores, Inc.

136 Misc. 211, 239 N.Y.S. 330, 1929 N.Y. Misc. LEXIS 1070

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 21, 1929

StatusPublished

This text of 136 Misc. 211 (Michael v. Rand Coffee Stores, Inc.) 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

Michael v. Rand Coffee Stores, Inc., 136 Misc. 211, 239 N.Y.S. 330, 1929 N.Y. Misc. LEXIS 1070 (N.Y. Ct. App. 1929).

Pincite

Opinion

Per Curiam.

Order unanimously modified upon the law by striking out all the conditions therein contained and by inserting in place thereof, as conditions of the granting of defendant’s motion to open its default, payment by the defendant, within five days, of the sum of one hundred and fifty dollars costs, and as so modified the order is affirmed, with twenty-five dollars costs to plaintiff, the payment of which within five days is also a condition of the granting of the motion. The costs to be paid as a condition of opening a default are not limited to ten dollars under section 167 of the Municipal Court Code (Laws of 1915, chap. 279), but may be any reasonable amount. (See § 129, subd. [6].)

All concur; present, Cropsey, MacCrate and Lewis, JJ.

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Per Curiam.

Order unanimously modified upon the law by striking out all the conditions therein contained and by inserting in place thereof, as conditions of the granting of defendant’s motion to open its default, payment by the defendant, within five days, of the sum of one hundred and fifty dollars costs, and as so modified the order is affirmed, with twenty-five dollars costs to plaintiff, the payment of which within five days is also a condition of the granting of the motion. The costs to be paid as a condition of opening a default are not limited to ten dollars under section 167 of the Municipal Court Code (Laws of 1915, chap. 279), but may be any reasonable amount. (See § 129, subd. [6].)

All concur; present, Cropsey, MacCrate and Lewis, JJ.

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Bluebook (online)

136 Misc. 211, 239 N.Y.S. 330, 1929 N.Y. Misc. LEXIS 1070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-v-rand-coffee-stores-inc-nyappterm-1929.