Milner v. Milner
281 A.D. 666, 117 N.Y.S.2d 329
Appellate Division of the Supreme Court of the State of New York·Decided December 16, 1952·Published·Cited by 2 cases
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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Milner v. Milner, 281 A.D. 666, 117 N.Y.S.2d 329 (N.Y. Ct. App. 1952).
281 A.D. 666 (Milner v. Milner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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59 A.D.2d 737 (Appellate Division of the Supreme Court of New York, 1977)
Vanderhorst v. Vanderhorst
282 A.D. 312 (Appellate Division of the Supreme Court of New York, 1953)