Appellate Terms of the Supreme Court of New York, 1947

Flatbush Auto Discount Corp. v. Reich

Flatbush Auto Discount Corp. v. Reich
Appellate Terms of the Supreme Court of New York · Decided December 11, 1947
190 Misc. 817; 75 N.Y.S.2d 908; 1947 N.Y. Misc. LEXIS 3513

Counsel

Paul Bank for appellants., Irving G. Schleimer for respondent.

Flatbush Auto Discount Corp. v. Reich

Opinion of the Court

Per Curiam.

Memorandum The court was without jurisdiction to enter the judgment herein because the statement on which it was based was not verified by defendants or either of them, pursuant to the provisions of section 541 of the Civil Practice Act. The judgment was void and should have been vacated (Starck Piano Co. v. O’Keefe, 211 App. Div. 700, 702). Laches does not defeat a motion to vacate a judgment which is a nullity.

The order should be reversed, with $10 costs, and motion granted.

Hammer, Hofstadter and Hecht, JJ., concur.

Order reversed, etc.

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