Appellate Division of the Supreme Court of New York, 1912

Hirschberg v. Kruger

Hirschberg v. Kruger
Appellate Division of the Supreme Court of New York · Decided March 15, 1912
149 A.D. 958; 133 N.Y.S. 1126
Hirschberg v. Kruger

Opinion of the Court

We think that the Special Term should have relieved the defendant from his default, which was due to excusable inadvertence, and that the defendant should have a hearing upon the merits as presented by the record. The order is reversed, without costs, and the motion to open the default granted, upon payment of ten dollars costs and plaintiff’s disbursements on account of the entry of judgment and the proceedings thereon. The judgment must stand as security, or in lieu thereof the defendant may file within ten days a proper bond to secure the plaintiff. The motion for a *959stay is dismissed, without costs. Jenks, P. J., Carr and Woodward, JJ., concurred; Thomas, J., dissented.

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