Voperian v. Industrial Rediscount Corp.

City of New York Municipal Court

Voperian v. Industrial Rediscount Corp.

133 Misc. 512, 231 N.Y.S. 676, 1928 N.Y. Misc. LEXIS 1160

DecidedNovember 20, 1928

StatusPublished

This text of 133 Misc. 512 (Voperian v. Industrial Rediscount Corp.) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Voperian v. Industrial Rediscount Corp., 133 Misc. 512, 231 N.Y.S. 676, 1928 N.Y. Misc. LEXIS 1160 (N.Y. Super. Ct. 1928).

Pincite

Opinion

Neuman, J.

In the instant cases a motion was made before me to dismiss the complaint because not stating a cause of action. That motion was by me denied, the memorandum on the papers reading: “ Motion denied; submit order.” Neither side submitted an order to me, but instead subsequently and thereafter, waiting a reasonable time, the plaintiff entered judgment in all the cases as if the defendant had been in default. In the opinion of this court the failure to submit an order upon the decision of the court denying the motion to dismiss the complaints was fatal and defective and renders the judgments obtained upon the inquest as irregular.

The motion to set the judgments aside will be granted, with ten dollars costs to cover all six cases. Settle order on notice.

Free access — add to your briefcase to read the full text and ask questions with AI

Neuman, J.

In the instant cases a motion was made before me to dismiss the complaint because not stating a cause of action. That motion was by me denied, the memorandum on the papers reading: “ Motion denied; submit order.” Neither side submitted an order to me, but instead subsequently and thereafter, waiting a reasonable time, the plaintiff entered judgment in all the cases as if the defendant had been in default. In the opinion of this court the failure to submit an order upon the decision of the court denying the motion to dismiss the complaints was fatal and defective and renders the judgments obtained upon the inquest as irregular.

The motion to set the judgments aside will be granted, with ten dollars costs to cover all six cases. Settle order on notice.

Cite This Page — Counsel Stack

Bluebook (online)

133 Misc. 512, 231 N.Y.S. 676, 1928 N.Y. Misc. LEXIS 1160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/voperian-v-industrial-rediscount-corp-nynyccityct-1928.