Schnuer v. Schlegel Realty Co.
This text of 175 A.D. 904 (Schnuer v. Schlegel Realty Co.) 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.
Opinion
The affidavits on the order to show cause why defendants’ default should not be opened do not sufficiently set forth the facts and circumstances showing a meritorious defense on the part of the defendants. A mere affidavit of merits is not sufficient. (Heischober v. Polishook, 152 App. Div. 193; Rothschild v. Haviland, 172 id. 562.) Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, without prejudice to its renewal at Special Term [905]*905on new. papers. Jenks, P. J., Carr, Mills, Rich and Putnam, JJ., concurred.
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175 A.D. 904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schnuer-v-schlegel-realty-co-nyappdiv-1916.