Murrell v. Graziade

Appellate Terms of the Supreme Court of New York

Murrell v. Graziade

130 N.Y.S. 140

Appellate Terms of the Supreme Court of New York·Decided June 12, 1911·Published·Cited by 2 cases

Opinion

BIJUR, J.

The defendant excuses his nonattendance by the affidavit of his attorney that the New York Daw Journal was not delivered at his office until 1 o’clock p. m. of the day on which the case appeared on the calendar at 9:45 a. m.

There is a serious defect in the moving papers, namely, the absence of any allegations showing a meritorious defense, or, indeed, any indication at all of what the defense may be. This omission is fatal. Harvey v. Gillies (Sup.) 117 N. Y. Supp. 204; Clews v. Peper, 112 App. Div. 430, 98 N. Y. Supp. 404.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. All concur.

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BIJUR, J.

The defendant excuses his nonattendance by the affidavit of his attorney that the New York Daw Journal was not delivered at his office until 1 o’clock p. m. of the day on which the case appeared on the calendar at 9:45 a. m.

There is a serious defect in the moving papers, namely, the absence of any allegations showing a meritorious defense, or, indeed, any indication at all of what the defense may be. This omission is fatal. Harvey v. Gillies (Sup.) 117 N. Y. Supp. 204; Clews v. Peper, 112 App. Div. 430, 98 N. Y. Supp. 404.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. All concur.

Murrell v. Graziade, 130 N.Y.S. 140 (N.Y. Ct. App. 1911).

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Opinion

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