Tomoser v. Hegyi

Appellate Division of the Supreme Court of New York

Tomoser v. Hegyi

284 A.D. 1024, 134 N.Y.S.2d 851, 1954 N.Y. App. Div. LEXIS 4403

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

DecidedNovember 10, 1954

StatusPublished

This text of 284 A.D. 1024 (Tomoser v. Hegyi) 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

Tomoser v. Hegyi, 284 A.D. 1024, 134 N.Y.S.2d 851, 1954 N.Y. App. Div. LEXIS 4403 (N.Y. Ct. App. 1954).

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Opinion

Order insofar as appealed from reversed, with $10 costs and disbursements, and matter remitted to the Special Term to proceed in accordance with the memorandum. Memorandum: The order made by the Special Term does not determine respondent’s motion to vacate so much of the judgment as awards money damages against him and for an order opening his default in pleading with leave to file an answer to the complaint. Under those circumstances we feel the order should be reversed and the matter remitted to the Special Term to determine the motion on the basis of the relief sought. All concur. (Appeal from part of an order directing plaintiff to serve upon defendant Hegyi a copy of the judgment and reserving decision upon motion to vacate judgment until the Appellate Division renders its decision on an appeal or Hegyi’s right to appeal has been terminated.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.

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Order insofar as appealed from reversed, with $10 costs and disbursements, and matter remitted to the Special Term to proceed in accordance with the memorandum. Memorandum: The order made by the Special Term does not determine respondent’s motion to vacate so much of the judgment as awards money damages against him and for an order opening his default in pleading with leave to file an answer to the complaint. Under those circumstances we feel the order should be reversed and the matter remitted to the Special Term to determine the motion on the basis of the relief sought. All concur. (Appeal from part of an order directing plaintiff to serve upon defendant Hegyi a copy of the judgment and reserving decision upon motion to vacate judgment until the Appellate Division renders its decision on an appeal or Hegyi’s right to appeal has been terminated.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.

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Bluebook (online)

284 A.D. 1024, 134 N.Y.S.2d 851, 1954 N.Y. App. Div. LEXIS 4403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tomoser-v-hegyi-nyappdiv-1954.