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54 N.Y.S. 559

Thum v. Iserman

City of New York Municipal Court

Decided November 18, 1898

City of New York Municipal Court · decided 1898-11-18

<p>Pleading—Answers—Verification—Default.</p> <p>Where an amended complaint accepted by defendant was verified, and required defendant to serve a verified amended answer, it was proper to enter a default judgment, where the amended answer served was not verified.</p>

Affirmed · Decided 1898-11-18

PER CURIAM.

¶1The amended complaint, which was accepted by the defendant and was verified, required from the defendant an amended answer, winch should have been verified. The answer served was not verified. Therefore the judgment as entered was correct practice.

¶2The defendant’s default, however, will be vacated, providing he will within six days comply with the terms imposed by the order appealed from; and if he refuses to do so, then the motion to vacate judgment is hereby denied, and the order appealed from affirmed, with costs and disbursements.

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