Schumpp v. Interurban Street Railway Co.
This text of 81 A.D. 576 (Schumpp v. Interurban Street Railway 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
This appeal is from an order granting a motion to open defendant’s default. We have frequently held, and as late as in the case of Allen v. Fowler & Wells Co. (45 App. Div. 506), that upon a motion to open a default a copy of the proposed pleading should be annexed to the motion papers. As such practice was not followed upon the motion here, it follows that the order appealed from should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs, but with leave to renew upon sufficient papers.
Present—Yan Brunt, P. J., Patterson, O’Brien, Ingraham and Hatch, JJ.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, but with leave to renew upon sufficient papers.
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Cite This Page — Counsel Stack
81 A.D. 576, 81 N.Y.S. 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schumpp-v-interurban-street-railway-co-nyappdiv-1903.