Puld v. Williams

Court: Appellate Terms of the Supreme Court of New York
Date filed: 1956-12-13
Citations: 4 Misc. 2d 793, 162 N.Y.S.2d 378, 1956 N.Y. Misc. LEXIS 1281
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Lead Opinion
Per Curiam.

The motion to open the default was not made within one year after service of a copy of the judgment with notice of entry. Accordingly the court lacked jurisdiction to entertain the motion. (Civ. Prac. Act, § 108; N. Y. City Mun.

Page 794
Ct. Code, § 129, subd. 2.) Moreover, the affidavits and proof clearly established that the default of the defendants was deliberate and inexcusable.

The order should be unanimously reversed on the facts, with $10 costs to plaintiff, and motion denied.

Pette, Hart and Di Gtovanna, JJ., concur.

Order reversed, etc.