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Hilzen v. Universal Restaurant Co., Inc.

Supreme Court, Appellate Term, First Department
Dec 20, 1956
5 Misc. 2d 563 (N.Y. App. Term 1956)

Opinion

December 20, 1956

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, ROBERT V. SANTANGELO, J.

Samuel Brodsky for appellant.

Harry W. Davis for respondent.


The defendant having failed for more than two years to comply with an order of the court, later affirmed by this tribunal, permitting him to open his default, it was improper to vacate the judgment and extend defendant's time to comply with the conditions of the prior order. Such delay was not excused because the judgment was not served on the defendant personally, service upon his attorneys being sufficient.

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

HOFSTADTER, AURELIO and TILZER, JJ., concur.

Order reversed, etc.


Summaries of

Hilzen v. Universal Restaurant Co., Inc.

Supreme Court, Appellate Term, First Department
Dec 20, 1956
5 Misc. 2d 563 (N.Y. App. Term 1956)
Case details for

Hilzen v. Universal Restaurant Co., Inc.

Case Details

Full title:HY HILZEN, Appellant, v. UNIVERSAL RESTAURANT CO., INC., et al.…

Court:Supreme Court, Appellate Term, First Department

Date published: Dec 20, 1956

Citations

5 Misc. 2d 563 (N.Y. App. Term 1956)
158 N.Y.S.2d 806

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