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Sobel v. Steinberg

Supreme Court, Appellate Term, First Department
Jul 18, 1934
152 Misc. 443 (N.Y. App. Term 1934)

Opinion

July 18, 1934.

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

Sobel Brand [ Solomon B. Marcus of counsel], for the appellant.

Hugo E. Rogers, for the respondent.


In 1919 judgment was entered for plaintiff on defendant's defaults in appearance. A motion to vacate same for lack of service of the summons was made in 1933. Although the court upheld service and denied the motion to vacate, it permitted the defendant to appear and answer. Such procedure was plainly unwarranted. Thereafter the case was tried and judgment rendered for defendant — a result which is not sustained by the credible evidence.

The order opening the default is, therefore, reversed, with ten dollars costs, judgment appealed from vacated, and judgment of May 14, 1919, reinstated.

Appeal from judgment dismissed.

All concur; present, CALLAHAN, FRANKENTHALER and SHIENTAG, JJ.


Summaries of

Sobel v. Steinberg

Supreme Court, Appellate Term, First Department
Jul 18, 1934
152 Misc. 443 (N.Y. App. Term 1934)
Case details for

Sobel v. Steinberg

Case Details

Full title:MAURICE E. SOBEL, Appellant, v. ISAAC STEINBERG, Respondent

Court:Supreme Court, Appellate Term, First Department

Date published: Jul 18, 1934

Citations

152 Misc. 443 (N.Y. App. Term 1934)
273 N.Y.S. 630