Thomas v. Holy Trinity

Appellate Terms of the Supreme Court of New York

Thomas v. Holy Trinity

19 Misc. 2d 960, 196 N.Y.S.2d 318, 1959 N.Y. Misc. LEXIS 3508

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 11, 1959

StatusPublished

This text of 19 Misc. 2d 960 (Thomas v. Holy Trinity) 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

Thomas v. Holy Trinity, 19 Misc. 2d 960, 196 N.Y.S.2d 318, 1959 N.Y. Misc. LEXIS 3508 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

While the opening of the default cannot in the circumstances be treated as an abuse of discretion, the court should have directed that the judgment stand as security.

The order should be modified to direct that the judgment entered stand as security, and as modified affirmed, with $10 costs and disbursements to appellant.

Concur — Steuer, J. P., Hoestadter and Aurelio, JJ.

Order modified, etc.

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Per Curiam.

While the opening of the default cannot in the circumstances be treated as an abuse of discretion, the court should have directed that the judgment stand as security.

The order should be modified to direct that the judgment entered stand as security, and as modified affirmed, with $10 costs and disbursements to appellant.

Concur — Steuer, J. P., Hoestadter and Aurelio, JJ.

Order modified, etc.

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Bluebook (online)

19 Misc. 2d 960, 196 N.Y.S.2d 318, 1959 N.Y. Misc. LEXIS 3508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-holy-trinity-nyappterm-1959.