Sobel v. Judovits

Appellate Terms of the Supreme Court of New York

Sobel v. Judovits

19 Misc. 2d 960, 189 N.Y.S.2d 245, 1959 N.Y. Misc. LEXIS 3450

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 18, 1959

StatusPublished

This text of 19 Misc. 2d 960 (Sobel v. Judovits) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sobel v. Judovits, 19 Misc. 2d 960, 189 N.Y.S.2d 245, 1959 N.Y. Misc. LEXIS 3450 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

On the overruling of the traverse and the consequent denial of the motion to vacate the default judgment, on the ground of nonservice of the summons, which motion was made more than one year after service of a copy of the judgment with notice of entry, the court was without power to open the default. (N. Y. City Mun. Ct. Code, § 129, subd. 2.) Section 88 of the Municipal Court Code does not apply to this situation.

The order overruling traverse should be modified by striking therefrom the provision permitting defendant to interpose an answer, and as modified affirmed, with $10 costs to appellant.

Appeal from order of November 12, 1958 should be dismissed, without costs.

Concur — Steuer, J. P., Hofstadter and Aurelio, JJ.

Order modified, etc.

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