Storch v. Allstate Insurance

Appellate Terms of the Supreme Court of New York

Storch v. Allstate Insurance

9 Misc. 2d 293, 170 N.Y.S.2d 166, 1957 N.Y. Misc. LEXIS 2179

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 14, 1957

StatusPublished

This text of 9 Misc. 2d 293 (Storch v. Allstate Insurance) 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

Storch v. Allstate Insurance, 9 Misc. 2d 293, 170 N.Y.S.2d 166, 1957 N.Y. Misc. LEXIS 2179 (N.Y. Ct. App. 1957).

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Opinions

Per Curiam.

It was error to entertain the defendant’s motion for summary judgment dismissing the complaint when an inquest had already been ordered against the defendant and the defendant’s default had not been opened. The granting of the motion may not be treated as an opening of the default [294]*294since the plaintiff was not on notice that the defendant sought this relief nor did the defendant’s motion papers show any-ground for opening its default.

The judgment and order should be reversed, with $10 costs, and motion denied, without prejudice to renewal after the opening of the defendant’s default.

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Per Curiam.

It was error to entertain the defendant’s motion for summary judgment dismissing the complaint when an inquest had already been ordered against the defendant and the defendant’s default had not been opened. The granting of the motion may not be treated as an opening of the default [294]*294since the plaintiff was not on notice that the defendant sought this relief nor did the defendant’s motion papers show any-ground for opening its default.

The judgment and order should be reversed, with $10 costs, and motion denied, without prejudice to renewal after the opening of the defendant’s default.

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Bluebook (online)

9 Misc. 2d 293, 170 N.Y.S.2d 166, 1957 N.Y. Misc. LEXIS 2179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/storch-v-allstate-insurance-nyappterm-1957.