Voelker v. Fieldman

Appellate Division of the Supreme Court of New York

Voelker v. Fieldman

222 A.D. 826

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

DecidedJanuary 15, 1928

DocketAppeal No. 1

StatusPublished

This text of 222 A.D. 826 (Voelker v. Fieldman) 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

Voelker v. Fieldman, 222 A.D. 826 (N.Y. Ct. App. 1928).

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Opinion

— Order modified by changing the terms upon which the opening of the [827]*827default was granted, from the payment of taxable costs to date, to the payment by defendant of twenty-five dollars costs. As so modified, the order is affirmed, without costs. We are of opinion that the action of the justice presiding was not a proper exercise of discretion. Young, Seeger and Carswell, JJ., concur; Kapper and Hagarty, JJ., dissent, being of opinion that the discretion exercised by the justice presiding should not be disturbed.

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— Order modified by changing the terms upon which the opening of the [827]*827default was granted, from the payment of taxable costs to date, to the payment by defendant of twenty-five dollars costs. As so modified, the order is affirmed, without costs. We are of opinion that the action of the justice presiding was not a proper exercise of discretion. Young, Seeger and Carswell, JJ., concur; Kapper and Hagarty, JJ., dissent, being of opinion that the discretion exercised by the justice presiding should not be disturbed.

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Bluebook (online)

222 A.D. 826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/voelker-v-fieldman-nyappdiv-1928.