Appellate Terms of the Supreme Court of New York, 1959

Donatone v. Hennings

Appellate Terms of the Supreme Court of New York · Decided November 12, 1959

21 Misc. 2d 283; 199 N.Y.S.2d 791; 1959 N.Y. Misc. LEXIS 2652

Counsel

John J. Kennelly and J. Rhodes O’Reilly for appellant., Grossman <& Grossman (Louis Grossman and Herman Gahn of counsel), for respondent.

Opinion of the Court

Per Curiam.

The answer was timely served and filed. The subsequent alleged default, inquest and judgment taken by plaintiff were improper. Defendant’s moving papers presented an adequate and meritorious defense to the cause of action stated by plaintiff.

The order should be reversed, with $10 costs to defendant, and motion granted, judgment vacated and case restored to General Calendar.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ.

Order reversed, etc.

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