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5 Misc. 2d 563

Hilzen v. Universal Restaurant Co.

Appellate Terms of the Supreme Court of New York · decided 1956-12-20

Decided 1956-12-20

Per Curiam.

¶1The 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.

¶2The order should be reversed, with $10 costs, and motion denied.

¶3Hoestadter, Aurelio and Tilzer, JJ., concur.

¶4Order reversed, etc.

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