From Casetext: Smarter Legal Research

Anstendig v. Hall Realty Co.

Supreme Court, Appellate Term, First Department
Dec 13, 1934
153 Misc. 839 (N.Y. App. Term 1934)

Opinion

December 13, 1934.

Appeal from the Municipal Court of New York, Borough of Manhattan, Fifth District.

Raymond E. Stringham, for the appellant.

Max Bernard Schradron, for the respondent.


The cause of action stated in the informal and unverified complaint being for conversion of property an inquest before the court was a necessary preliminary to the entry of judgment. ( Cassin v. Scala, 153 Misc. 425.)

While the intemperate language of the defendant's attorney is disapproved, leave should be granted to renew the motion to open the default in appearance for examination on proper papers.

Judgment reversed, orders for examination and striking out answer affirmed, with leave to defendant within ten days after service of order entered hereon to renew motion to open default.

Appeal from order denying motion to vacate judgment dismissed.

All concur; present, LYDON, HAMMER and SHIENTAG, JJ.


Summaries of

Anstendig v. Hall Realty Co.

Supreme Court, Appellate Term, First Department
Dec 13, 1934
153 Misc. 839 (N.Y. App. Term 1934)
Case details for

Anstendig v. Hall Realty Co.

Case Details

Full title:JACK ANSTENDIG, Respondent, v. A.C. H.H. HALL REALTY COMPANY, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Dec 13, 1934

Citations

153 Misc. 839 (N.Y. App. Term 1934)
276 N.Y.S. 216