Sack-Sons Carton Co. v. Wax

Appellate Division of the Supreme Court of New York

Sack-Sons Carton Co. v. Wax

281 A.D. 853, 1953 N.Y. App. Div. LEXIS 3536

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

DecidedFebruary 24, 1953

StatusPublished

This text of 281 A.D. 853 (Sack-Sons Carton Co. v. Wax) 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

Sack-Sons Carton Co. v. Wax, 281 A.D. 853, 1953 N.Y. App. Div. LEXIS 3536 (N.Y. Ct. App. 1953).

Pincite

Opinion

In an action to recover damages for alleged conspiracy, appellants’ attorney returned respondents’ notice of motion to examine appellants before trial, because the notice stated that the motion was returnable in the Municipal Court instead of in the Supreme Court, where the action was pending. Appellants did not appear on the return day, and the motion was granted by default. Appellants’ motion to open the default was denied on the ground that the default was deliberate. Order affirmed, with $10 costs and disbursements; the examination to proceed within five days after the entry of the order hereon. No opinion. Carswell, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldoek, JJ., concur.

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In an action to recover damages for alleged conspiracy, appellants’ attorney returned respondents’ notice of motion to examine appellants before trial, because the notice stated that the motion was returnable in the Municipal Court instead of in the Supreme Court, where the action was pending. Appellants did not appear on the return day, and the motion was granted by default. Appellants’ motion to open the default was denied on the ground that the default was deliberate. Order affirmed, with $10 costs and disbursements; the examination to proceed within five days after the entry of the order hereon. No opinion. Carswell, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldoek, JJ., concur.

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Bluebook (online)

281 A.D. 853, 1953 N.Y. App. Div. LEXIS 3536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sack-sons-carton-co-v-wax-nyappdiv-1953.