General
Meyer Katzenberg, Appellant, v. Land Estates Incorporated and Others, Defendants, and Frank McGoldrick, Respondent
241 A.D. 874·New York Supreme Court, Appellate Division·1934·NY
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Opinion
Meyer Katzenberg, Appellant, v. Land Estates Incorporated and Others, Defendants, and Frank McGoldrick, Respondent.
[MAJORITY]
Order as resettled reserved on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In our opinion, there was an abuse of discretion in granting the respondent’s motion to open Ms default and to permit him to serve an answer. The moving papers and the proposed answer fail to show any defense to the plaintiff’s cause of action. Lazansky, P. J., Carswell, Scudder and Tompkins, JJ., concur; Kapper, J., not voting.