Solomon v. Rothbaum

Appellate Terms of the Supreme Court of New York

Solomon v. Rothbaum

156 N.Y.S. 1093

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 20, 1916

StatusPublished

This text of 156 N.Y.S. 1093 (Solomon v. Rothbaum) 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

Solomon v. Rothbaum, 156 N.Y.S. 1093 (N.Y. Ct. App. 1916).

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Opinion

PER CURIAM.

[1, 2] The defendants, by notice of appeal dated December 22, 1915, appealed from a judgment in favor of the plaintiff entered by default, and by a second notice of appeal, dated December 23, 1915, appealed from “a memorandum denying the motion to open the. default.” No appeal lies from a “memorandum,” and no appeal lies from a default judgment. Section 154, Municipal Court Code. There should be an order entered denying the motion to open the default, which should recite all the papers used upon the hearing, or a short form order, referring to the papers used by number. Section 767, C. C. P.; Kirschner v. Abbott’s Bakeries, Inc., 156 N. Y. Supp. 107.

Motion to dismiss appeals granted.

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PER CURIAM.

[1, 2] The defendants, by notice of appeal dated December 22, 1915, appealed from a judgment in favor of the plaintiff entered by default, and by a second notice of appeal, dated December 23, 1915, appealed from “a memorandum denying the motion to open the. default.” No appeal lies from a “memorandum,” and no appeal lies from a default judgment. Section 154, Municipal Court Code. There should be an order entered denying the motion to open the default, which should recite all the papers used upon the hearing, or a short form order, referring to the papers used by number. Section 767, C. C. P.; Kirschner v. Abbott’s Bakeries, Inc., 156 N. Y. Supp. 107.

Motion to dismiss appeals granted.

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Bluebook (online)

156 N.Y.S. 1093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solomon-v-rothbaum-nyappterm-1916.

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