Appellate Terms of the Supreme Court of New York, 1943

Kinzler v. Schoeler

Appellate Terms of the Supreme Court of New York · Decided December 13, 1943

181 Misc. 368; 47 N.Y.S.2d 508; 1943 N.Y. Misc. LEXIS 2835

Counsel

Lloyd B. Ranter for appellant., Nathaniel L. Goldstein, Attorney-General (Harry F. Rarst of counsel), for respondent.

Opinion of the Court

*370Memorandum

Per Curiam.

In our opinion section 48 of the New York City Municipal Court Code (L. 1915, ch. 279, amd. L. 1937, ch. 300) is constitutional in its present form, and the plaintiff, having made compliance with its terms, was entitled to enter a default judgment against the defendant.

Order unanimously reversed upon the law with ten dollars costs to the plaintiff and motion granted with ten dollars costs.

Smith, McCooey and Steinbrink, JJ., concur.

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