Appellate Division of the Supreme Court of New York, 1941

Kalamon v. Kalamon

Kalamon v. Kalamon
Appellate Division of the Supreme Court of New York · Decided May 19, 1941
262 A.D. 762; 28 N.Y.S.2d 738; 1941 N.Y. App. Div. LEXIS 5785
Kalamon v. Kalamon

Opinion of the Court

In an action to set aside two conveyances of real estate on the ground of fraud, order granting defendants’ motion to open their default and vacate an interlocutory judgment reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The opening of the default, under the circumstances of this case, was an improper exercise of the court’s discretion. Appeal from order denying plaintiff’s motion for reargument dismissed, without costs. Lazansky, P. J., Hagarty, Adel, Taylor and Close, JJ., concur.

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