Grenda v. City Service Taxi

Full title: STEPHEN GRENDA et al., Appellants, v. CITY SERVICE TAXI et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 19, 1963

19 A.D.2d 795 (N.Y. App. Div. 1963)

Opinion

September 19, 1963

Appeal from the Erie Special Term.

Present — Williams, P.J., Bastow, Goldman and McClusky, JJ.

Appeal from order entered November 14, 1962, unanimously dismissed, without costs of this appeal to any party. Memorandum: No appeal lies from this order rendered upon a default. (See Civ. Prac. Act, § 557; Consumers Inds. v. ABC Insulation Co., 285 App. Div. 1176.) Order entered November 27, 1962, unanimously reversed, without costs of this appeal to any party, and motion granted, without costs. Memorandum: On the papers presented, in the exercise of reasonable discretion the motion should have been granted. Appeal from order entered January 2, 1963, unanimously dismissed, without costs, as academic.