Ornstein v. Goldberg

Appellate Division of the Supreme Court of New York

Ornstein v. Goldberg

226 A.D. 746

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

DecidedApril 15, 1929

StatusPublished

Cited by3 cases

This text of 226 A.D. 746 (Ornstein v. Goldberg) 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

Ornstein v. Goldberg, 226 A.D. 746 (N.Y. Ct. App. 1929).

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Opinion

Order reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, without prejudice, however, to defendants to move for such relief as may be appropriate under the circumstances. When defendants were in default in serving their answer, their remedy was a motion to open their default, upon appropriate proof, and not a motion to extend their time to answer. The court had no power to grant the latter relief. Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ., concur.

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Order reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, without prejudice, however, to defendants to move for such relief as may be appropriate under the circumstances. When defendants were in default in serving their answer, their remedy was a motion to open their default, upon appropriate proof, and not a motion to extend their time to answer. The court had no power to grant the latter relief. Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ., concur.

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Bluebook (online)

226 A.D. 746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ornstein-v-goldberg-nyappdiv-1929.

Opinion

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