Appellate Division of the Supreme Court of New York, 1944

Simmons v. Berger

Simmons v. Berger
Appellate Division of the Supreme Court of New York · Decided March 8, 1944
267 A.D. 923; 47 N.Y.S.2d 601; 1944 N.Y. App. Div. LEXIS 5534
Simmons v. Berger

Opinion of the Court

This is an appeal from an order of she Sullivan County Judge denying a motion of the appellants to open their default and to vacate the judgment of foreclosure and sale herein. The motion is made on the ground that certain alleged material witnesses are in the armed service. Order denying appellants’ motion to open default and vacate the judgment affirmed, with twenty-five dollars costs. Hill, P. J., Bliss, Heffernan and Sehenek, JJ., concur.

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