Yolen v. Needleman

Appellate Division of the Supreme Court of New York

Yolen v. Needleman

19 A.D.2d 847, 244 N.Y.S.2d 629, 1963 N.Y. App. Div. LEXIS 3084

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

DecidedOctober 28, 1963

StatusPublished

This text of 19 A.D.2d 847 (Yolen v. Needleman) 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

Yolen v. Needleman, 19 A.D.2d 847, 244 N.Y.S.2d 629, 1963 N.Y. App. Div. LEXIS 3084 (N.Y. Ct. App. 1963).

Pincite

Opinion

In an action to recover upon a series of promissory notes, defendant appeals from an order of the Supreme Court, Westchester County, entered February 21, 1963, which denied his motion: (a) to vacate his default on plaintiff’s prior motion for summary judgment; and (b) to vacate the order, entered September 7, 1960 granting such motion and the judgment thereon, entered September 22, 1960. Order appealed from reversed, without costs; defendant’s motion is granted to the extent of vacating his default and the order entered September 7, 1960 and permitting defendant to oppose the plaintiff’s motion for summary judgment on the merits, upon the condition that the judgment shall remain a lien as security for any recovery which may finally be had against the defendant in the action; and action remitted to the court below for further proceedings not inconsistent herewith. In our opinion the defendant has given a satisfactory reason for his default and should be allowed to oppose the plaintiff’s motion for summary judgment on the merits. Beldoek, P. J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.

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In an action to recover upon a series of promissory notes, defendant appeals from an order of the Supreme Court, Westchester County, entered February 21, 1963, which denied his motion: (a) to vacate his default on plaintiff’s prior motion for summary judgment; and (b) to vacate the order, entered September 7, 1960 granting such motion and the judgment thereon, entered September 22, 1960. Order appealed from reversed, without costs; defendant’s motion is granted to the extent of vacating his default and the order entered September 7, 1960 and permitting defendant to oppose the plaintiff’s motion for summary judgment on the merits, upon the condition that the judgment shall remain a lien as security for any recovery which may finally be had against the defendant in the action; and action remitted to the court below for further proceedings not inconsistent herewith. In our opinion the defendant has given a satisfactory reason for his default and should be allowed to oppose the plaintiff’s motion for summary judgment on the merits. Beldoek, P. J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

19 A.D.2d 847, 244 N.Y.S.2d 629, 1963 N.Y. App. Div. LEXIS 3084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yolen-v-needleman-nyappdiv-1963.