Phœnix Ribbon & Carbon Co. v. Lebovit

Appellate Division of the Supreme Court of New York

Phœnix Ribbon & Carbon Co. v. Lebovit

252 A.D. 488, 299 N.Y.S. 991, 1937 N.Y. App. Div. LEXIS 5696

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

DecidedNovember 19, 1937

StatusPublished

This text of 252 A.D. 488 (Phœnix Ribbon & Carbon Co. v. Lebovit) 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

Phœnix Ribbon & Carbon Co. v. Lebovit, 252 A.D. 488, 299 N.Y.S. 991, 1937 N.Y. App. Div. LEXIS 5696 (N.Y. Ct. App. 1937).

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Opinion

Per Curiam.

We are of the opinion that the justice of the Municipal Court, upon the new facts presented, had the power to entertain the motion to open defendant’s default, and that, in the circumstances of this case, he properly exercised his discretion in granting the motion upon the terms stated. The determination of the Appellate Term should be reversed and the order of the Municipal Court, affirmed, without costs, with leave to defendant to answer within five days after service of a copy of the order to be entered hereon with notice of entry, upon full compliance with the conditions imposed in the Municipal Court order.

Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.

Determination of the Appellate Term unanimously reversed and the order of the Municipal Court affirmed, without costs, with leave to the defendant to answer within five days after service of order with notice of entry thereof, upon full compliance with the conditions imposed in the Municipal Court order.

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Per Curiam.

We are of the opinion that the justice of the Municipal Court, upon the new facts presented, had the power to entertain the motion to open defendant’s default, and that, in the circumstances of this case, he properly exercised his discretion in granting the motion upon the terms stated. The determination of the Appellate Term should be reversed and the order of the Municipal Court, affirmed, without costs, with leave to defendant to answer within five days after service of a copy of the order to be entered hereon with notice of entry, upon full compliance with the conditions imposed in the Municipal Court order.

Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.

Determination of the Appellate Term unanimously reversed and the order of the Municipal Court affirmed, without costs, with leave to the defendant to answer within five days after service of order with notice of entry thereof, upon full compliance with the conditions imposed in the Municipal Court order.

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Bluebook (online)

252 A.D. 488, 299 N.Y.S. 991, 1937 N.Y. App. Div. LEXIS 5696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phnix-ribbon-carbon-co-v-lebovit-nyappdiv-1937.