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131 Misc. 474

Scott v. Hemmer

Appellate Terms of the Supreme Court of New York · decided 1928-02-16

Cited by 2 later decisions — most recently March 1929

2 state decisions

Relies on Weiss v. Forty-second Street, Manhattanville & St. Nicholas Avenue Railway Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1928-02-16

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Per Curiam.

¶1That the clerk instead of the attorney for the prevailing party prepared the default judgment did not affect the validity of said judgment, and the court had no jurisdiction to open defendant’s default and vacate the judgment after a lapse of more than one year from the date of entry thereof. (Weiss v. Forty-second St., M. & St. N. Ave. R. Co., 123 Misc. 387; Daskal & Fishman v. Corsan Cracker Co., Inc., 219 App. Div. 829.)

¶2Order reversed, with ten dollars costs; motion denied and judgment reinstated.

¶3Bijur and Delehanty, JJ., concur.

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