Sobel v. Steinberg

Appellate Terms of the Supreme Court of New York

Sobel v. Steinberg

152 Misc. 443, 273 N.Y.S. 630, 1934 N.Y. Misc. LEXIS 1521

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 18, 1934

StatusPublished

This text of 152 Misc. 443 (Sobel v. Steinberg) 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. Steinberg, 152 Misc. 443, 273 N.Y.S. 630, 1934 N.Y. Misc. LEXIS 1521 (N.Y. Ct. App. 1934).

Pincite

Opinion

Per Curiam.

In 1919 judgment was entered for plaintiff on defendant’s defaults in appearance. A motion to vacate same for lack of service of the summons was made in 1933. Although the court upheld service and denied the motion to vacate, it permitted the defendant to appear and answer. Such procedure was plainly unwarranted. Thereafter the case Was tried and judgment rendered for defendant — a result which is not sustained by the credible evidence.

The order opening the default is, therefore, reversed, with ten dollars costs, judgment appealed from vacated, and judgment of May 14, 1919, reinstated.

Appeal from judgment dismissed.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.

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Per Curiam.

In 1919 judgment was entered for plaintiff on defendant’s defaults in appearance. A motion to vacate same for lack of service of the summons was made in 1933. Although the court upheld service and denied the motion to vacate, it permitted the defendant to appear and answer. Such procedure was plainly unwarranted. Thereafter the case Was tried and judgment rendered for defendant — a result which is not sustained by the credible evidence.

The order opening the default is, therefore, reversed, with ten dollars costs, judgment appealed from vacated, and judgment of May 14, 1919, reinstated.

Appeal from judgment dismissed.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.

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Bluebook (online)

152 Misc. 443, 273 N.Y.S. 630, 1934 N.Y. Misc. LEXIS 1521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sobel-v-steinberg-nyappterm-1934.