Star Office Supply Co. v. Galton

New York Supreme Court

Star Office Supply Co. v. Galton

56 Misc. 2d 288, 288 N.Y.S.2d 651, 1968 N.Y. Misc. LEXIS 1716

CourtNew York Supreme Court

DecidedFebruary 20, 1968

StatusPublished

Cited by2 cases

This text of 56 Misc. 2d 288 (Star Office Supply Co. v. Galton) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Star Office Supply Co. v. Galton, 56 Misc. 2d 288, 288 N.Y.S.2d 651, 1968 N.Y. Misc. LEXIS 1716 (N.Y. Super. Ct. 1968).

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Opinion

Abraham N. Geller, J.

Motion for the entry of judgment pursuant to a stipulation of settlement is granted on default. It is noted that the attorney attempted to enter a judgment ex parte, but was advised by the clerk that application to the court on notice to defendant was required. There appears to be a misunderstanding of the intent and effect of the amendment adding CPLR 3215 (subd. [h] ), effective September 1, 1966, because of the unfortunate inclusion therein of the words, “without further notice ”. The purpose of the amendment was to eliminate the necessity of a motion to the court and to authorize the judgment clerk to enter directly a default judgment for failure to comply with the terms thereof, together with a complaint or statement of facts. The fact that the stipulation provides, as they generally do, for some period of. grace or notice of default in payment, does not mean that a notice of motion must be given. The phrase “ without further notice ” should be construed to mean the exceptional situation where the parties have agreed to require a notice of motion to be made before such default judgment may be entered. The mere provision for some days’ notice to be given to the defaulting party is not to be so construed. The affidavit will indicate that written notice has been given and payment not made within the agreed time thereafter.

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Abraham N. Geller, J.

Motion for the entry of judgment pursuant to a stipulation of settlement is granted on default. It is noted that the attorney attempted to enter a judgment ex parte, but was advised by the clerk that application to the court on notice to defendant was required. There appears to be a misunderstanding of the intent and effect of the amendment adding CPLR 3215 (subd. [h] ), effective September 1, 1966, because of the unfortunate inclusion therein of the words, “without further notice ”. The purpose of the amendment was to eliminate the necessity of a motion to the court and to authorize the judgment clerk to enter directly a default judgment for failure to comply with the terms thereof, together with a complaint or statement of facts. The fact that the stipulation provides, as they generally do, for some period of. grace or notice of default in payment, does not mean that a notice of motion must be given. The phrase “ without further notice ” should be construed to mean the exceptional situation where the parties have agreed to require a notice of motion to be made before such default judgment may be entered. The mere provision for some days’ notice to be given to the defaulting party is not to be so construed. The affidavit will indicate that written notice has been given and payment not made within the agreed time thereafter.

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Bluebook (online)

56 Misc. 2d 288, 288 N.Y.S.2d 651, 1968 N.Y. Misc. LEXIS 1716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/star-office-supply-co-v-galton-nysupct-1968.

Opinion

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