From Casetext: Smarter Legal Research

Berlin Realty Corp. v. Gorman

Supreme Court, Appellate Term, First Department
Dec 20, 1934
153 Misc. 833 (N.Y. App. Term 1934)

Opinion

December 20, 1934.

Appeal from the Municipal Court of New York, Borough of Bronx, Second District.

Edgar P. Feeley, for the appellant.

Solomon Mermelstein, for the respondent.


Where an affidavit of merits is once filed, it may by reference be used on a subsequent motion. ( Prescott v. Roberts, 6 Cow. 46.) Here a complete statement of the merits of the defense was on file prior to this motion. Upon it the court ruled on plaintiff's motion for summary judgment that defendant was entitled to a trial. Such affidavits were referred to in the affidavits used here, upon this subsequent motion by defendant to open his default. The default was excusable.

Order reversed, motion granted, judgment vacated, and case set down for trial for December 28, 1934.

All concur; present, LYDON, HAMMER and SHIENTAG, JJ.


Summaries of

Berlin Realty Corp. v. Gorman

Supreme Court, Appellate Term, First Department
Dec 20, 1934
153 Misc. 833 (N.Y. App. Term 1934)
Case details for

Berlin Realty Corp. v. Gorman

Case Details

Full title:BERLIN REALTY CORPORATION, Respondent, v. ARTHUR GORMAN, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Dec 20, 1934

Citations

153 Misc. 833 (N.Y. App. Term 1934)
276 N.Y.S. 233

Citing Cases

Investors Security Corp. v. Lewis

Per Curiam. Since an affidavit once filed in the action may by reference be used on a subsequent motion (…