Milner v. Milner

Appellate Division of the Supreme Court of New York

Milner v. Milner

281 A.D. 666, 117 N.Y.S.2d 329

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

DecidedDecember 16, 1952

StatusPublished

Cited by2 cases

This text of 281 A.D. 666 (Milner v. Milner) 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

Milner v. Milner, 281 A.D. 666, 117 N.Y.S.2d 329 (N.Y. Ct. App. 1952).

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Opinions

Memorandum by the Court. This is a matrimonial action. The default on the part of plaintiff was not willful. Accordingly, the court in the exercise of its discretion should have granted plaintiff’s application to open her default and to restore the action to the Special Term calendar for trial (Price v. Price, 228 App. Div. 796 [2d Dept.]; Mott v. Mott, 134 App. Div. 569 [2d Dept.]).

Order reversed, with $10 costs and disbursements to the appellant, and the motion granted.

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Memorandum by the Court. This is a matrimonial action. The default on the part of plaintiff was not willful. Accordingly, the court in the exercise of its discretion should have granted plaintiff’s application to open her default and to restore the action to the Special Term calendar for trial (Price v. Price, 228 App. Div. 796 [2d Dept.]; Mott v. Mott, 134 App. Div. 569 [2d Dept.]).

Order reversed, with $10 costs and disbursements to the appellant, and the motion granted.

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Bluebook (online)

281 A.D. 666, 117 N.Y.S.2d 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milner-v-milner-nyappdiv-1952.

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