From Casetext: Smarter Legal Research

Moskowitz v. Moskowitz

Appellate Division of the Supreme Court of New York, Second Department
Apr 2, 1945
269 App. Div. 747 (N.Y. App. Div. 1945)

Opinion

April 2, 1945.


Order granting defendant's motion to vacate clerk's entry of abandonment of this action, restoring the case to the calendar for trial, and granting other relief, affirmed, with $10 costs and disbursements. In order to sustain this order it is not necessary to decide whether or not the clerk's entry had the effect of an order or judgment in respect of terminating the action. No matter what effect the entry had, the court, in the exercise of discretion, had the power to relieve the defendant from the effect of that entry and to restore the case to the calendar. ( Ladd v. Stevenson et al., 112 N.Y. 325; Hatch et al. v. Central National Bank, 78 N.Y. 487; Klein v. Fairberg, 243 App. Div. 609. ) Close, P.J., Hagarty, Carswell, Adel and Lewis, JJ., concur.


Summaries of

Moskowitz v. Moskowitz

Appellate Division of the Supreme Court of New York, Second Department
Apr 2, 1945
269 App. Div. 747 (N.Y. App. Div. 1945)
Case details for

Moskowitz v. Moskowitz

Case Details

Full title:LOUIS MOSKOWITZ, Appellant, v. ANNA MOSKOWITZ, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 2, 1945

Citations

269 App. Div. 747 (N.Y. App. Div. 1945)