Thomas v. Trinity

Full title: FRANCES THOMAS, Appellant, v. HOLY TRINITY et al., Respondents

Court: Supreme Court, Appellate Term, First Department

Date published: Jun 11, 1959

19 Misc. 2d 960 (N.Y. App. Term 1959)

196 N.Y.S.2d 318

Opinion

June 11, 1959

Appeal from the City Court of the City of New York, New York County, HERMAN C. STOUTE, J.

Jules D. Barnett for appellant.

Charles T. Beavers and Wilbert Eric Morris for respondents.

Per Curiam.

While the opening of the default cannot in the circumstances be treated as an abuse of discretion, the court should have directed that the judgment stand as security.

The order should be modified to direct that the judgment entered stand as security, and as modified affirmed, with $10 costs and disbursements to appellant.

Concur — STEUER, J.P., HOFSTADTER and AURELIO, JJ.

Order modified, etc.