Smith v. Niver

Appellate Division of the Supreme Court of New York

Smith v. Niver

245 A.D. 802

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

DecidedJune 15, 1935

StatusPublished

This text of 245 A.D. 802 (Smith v. Niver) 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

Smith v. Niver, 245 A.D. 802 (N.Y. Ct. App. 1935).

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Opinion

Order affirmed, with ten dollars costs and disbursements. All concur, except Edgeomb, J., who dissents and votes for reversal upon the ground that the moving papers fail to show that judgment was entered through the mistake, inadvertence, surprise or excusable neglect of the defendant and upon the further ground that no proposed answer is presented with the moving papers. (The order grants motion to open a default in City Court.) Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.

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Order affirmed, with ten dollars costs and disbursements. All concur, except Edgeomb, J., who dissents and votes for reversal upon the ground that the moving papers fail to show that judgment was entered through the mistake, inadvertence, surprise or excusable neglect of the defendant and upon the further ground that no proposed answer is presented with the moving papers. (The order grants motion to open a default in City Court.) Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.

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Bluebook (online)

245 A.D. 802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-niver-nyappdiv-1935.