Appellate Terms of the Supreme Court of New York, 1959

Thomas v. Holy Trinity

Appellate Terms of the Supreme Court of New York · Decided June 11, 1959

19 Misc. 2d 960; 196 N.Y.S.2d 318; 1959 N.Y. Misc. LEXIS 3508

Counsel

Jules D. Barnett for appellant., Charles T. Beavers and Wilbert Eric Morris for respondents.

Opinion of the Court

Per Curiam.

While the opening of the default cannot in the circumstances be treated as an abuse of discretion, the court should have directed that the judgment stand as security.

The order should be modified to direct that the judgment entered stand as security, and as modified affirmed, with $10 costs and disbursements to appellant.

Concur — Steuer, J. P., Hoestadter and Aurelio, JJ.

Order modified, etc.

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