Schor v. Briskman

Appellate Division of the Supreme Court of New York

Schor v. Briskman

164 A.D. 959, 149 N.Y.S. 1110

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

DecidedOctober 15, 1914

StatusPublished

This text of 164 A.D. 959 (Schor v. Briskman) 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

Schor v. Briskman, 164 A.D. 959, 149 N.Y.S. 1110 (N.Y. Ct. App. 1914).

Pincite

Opinion

The judgment entered in this action dismissing the complaint of the plaintiff was a final determination against the right of the plaintiff to an injunction even though it was entered on plaintiff’s default. There is no claim that it has been vacated, so its finality stands unquestioned at this moment. Therefore the defendant was entitled to the relief for which he moved, and the denial of the same by the learned Special Term was erroneous. The order is reversed, with ten dollars costs and disbursements, and the motion of the appellant is granted, with ten dollars costs. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.

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The judgment entered in this action dismissing the complaint of the plaintiff was a final determination against the right of the plaintiff to an injunction even though it was entered on plaintiff’s default. There is no claim that it has been vacated, so its finality stands unquestioned at this moment. Therefore the defendant was entitled to the relief for which he moved, and the denial of the same by the learned Special Term was erroneous. The order is reversed, with ten dollars costs and disbursements, and the motion of the appellant is granted, with ten dollars costs. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.

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Bluebook (online)

164 A.D. 959, 149 N.Y.S. 1110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schor-v-briskman-nyappdiv-1914.