Pat Jrs., Inc. v. Shapiro

Appellate Terms of the Supreme Court of New York

Pat Jrs., Inc. v. Shapiro

21 Misc. 2d 278, 194 N.Y.S.2d 143, 1959 N.Y. Misc. LEXIS 2368

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 17, 1959

StatusPublished

This text of 21 Misc. 2d 278 (Pat Jrs., Inc. v. Shapiro) 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

Pat Jrs., Inc. v. Shapiro, 21 Misc. 2d 278, 194 N.Y.S.2d 143, 1959 N.Y. Misc. LEXIS 2368 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The court erred in setting the case down for trial for a day certain as defendant’s answer had been stricken out on a contested motion and remained stricken out on defendant’s application for reargument and there was no appeal. The defendant therefore could not seek such relief as would restore the answer and the cause as a contested issue. Moreover, the defendant failed to exercise due diligence in moving to open his default and for the setting aside of the judgment entered herein.

The order should be reversed, with $10 costs, and motion denied.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ.

Order reversed, etc.

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Per Curiam.

The court erred in setting the case down for trial for a day certain as defendant’s answer had been stricken out on a contested motion and remained stricken out on defendant’s application for reargument and there was no appeal. The defendant therefore could not seek such relief as would restore the answer and the cause as a contested issue. Moreover, the defendant failed to exercise due diligence in moving to open his default and for the setting aside of the judgment entered herein.

The order should be reversed, with $10 costs, and motion denied.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ.

Order reversed, etc.

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Bluebook (online)

21 Misc. 2d 278, 194 N.Y.S.2d 143, 1959 N.Y. Misc. LEXIS 2368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pat-jrs-inc-v-shapiro-nyappterm-1959.