Appellate Division of the Supreme Court of New York, 1937

Larney v. S. & I. Lefkowitz, Inc.

Appellate Division of the Supreme Court of New York · Decided June 18, 1937

251 A.D. 404; 296 N.Y.S. 679; 1937 N.Y. App. Div. LEXIS 6959

Counsel

Otho S. Bowling, for the appellant., Maurice Knapp of counsel [Murray C. Spett with him on the brief; Weisman, Celler, Quinn, Allan & Spett, attorneys], for the respondent.

Opinion of the Court

Per Curiam.

The only additional facts upon which the motion to open the defendant’s default was sought to be renewed relate to the plaintiff’s title to the notes which are the subject of the action. In view of the written assignments vesting title to the notes in the plaintiff, there is no such reasonable probability of success on the part of the defendant as to justify the retrial of the action. (Sheridan v. Mayor, 68 N. Y. 30.)

*405The order should be reversed, with twenty dollars costs and disbursements, and the motion denied.

Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and motion denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.