Sturmthal v. All Transport, Inc.

Appellate Division of the Supreme Court of New York

Sturmthal v. All Transport, Inc.

22 A.D.2d 863, 254 N.Y.S.2d 345, 1964 N.Y. App. Div. LEXIS 2662

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 3, 1964

StatusPublished

This text of 22 A.D.2d 863 (Sturmthal v. All Transport, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sturmthal v. All Transport, Inc., 22 A.D.2d 863, 254 N.Y.S.2d 345, 1964 N.Y. App. Div. LEXIS 2662 (N.Y. Ct. App. 1964).

Pincite

Opinion

Order, entered on July 10, 1964, granting motion to open default unanimously reversed on the facts and the law and in the exercise of discretion, with $30 costs and disbursements to appellant, and motion denied. Plaintiff defaulted on a motion to dismiss for lack of prosecution and a judgment of dismissal resulted. It is elementary that a proper affidavit of merits is an essential to open such a default. The affidavit submitted completely lacked evidentiary matter. In view of the difficulty plaintiff has had in supplying particulars of his claim, we cannot deem the failure to supply a proper affidavit of merits inadvertent. Concur — Breitel, J. P., Valente, McNally, Eager and Steuer, JJ.

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Order, entered on July 10, 1964, granting motion to open default unanimously reversed on the facts and the law and in the exercise of discretion, with $30 costs and disbursements to appellant, and motion denied. Plaintiff defaulted on a motion to dismiss for lack of prosecution and a judgment of dismissal resulted. It is elementary that a proper affidavit of merits is an essential to open such a default. The affidavit submitted completely lacked evidentiary matter. In view of the difficulty plaintiff has had in supplying particulars of his claim, we cannot deem the failure to supply a proper affidavit of merits inadvertent. Concur — Breitel, J. P., Valente, McNally, Eager and Steuer, JJ.

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Bluebook (online)

22 A.D.2d 863, 254 N.Y.S.2d 345, 1964 N.Y. App. Div. LEXIS 2662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sturmthal-v-all-transport-inc-nyappdiv-1964.