Whitehead v. Lee

Appellate Division of the Supreme Court of New York

Whitehead v. Lee

59 N.Y.S. 1117

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

DecidedJune 27, 1899

StatusPublished

This text of 59 N.Y.S. 1117 (Whitehead v. Lee) 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

Whitehead v. Lee, 59 N.Y.S. 1117 (N.Y. Ct. App. 1899).

Pincite

Opinion

PER CURIAM.

While too much regard should not be paid to technicalities, we deem the requirement that on a motion to open a default merit should be shown as being substantial. Here the answer is not verified, and no affidavit of merit has been served. The order appealed from should be reversed, with $10 costs and disbursements, and motion remitted to the special term for further hearing, with leave to the defendant, on the payment of such costs, to serve additional affidavits showing that his defense is meritorious.

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PER CURIAM.

While too much regard should not be paid to technicalities, we deem the requirement that on a motion to open a default merit should be shown as being substantial. Here the answer is not verified, and no affidavit of merit has been served. The order appealed from should be reversed, with $10 costs and disbursements, and motion remitted to the special term for further hearing, with leave to the defendant, on the payment of such costs, to serve additional affidavits showing that his defense is meritorious.

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Bluebook (online)

59 N.Y.S. 1117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitehead-v-lee-nyappdiv-1899.