← Cases

Pearson v. Rosenblum

202 A.D. 754 Court N.Y. App. Div. Docket Appeal No. 1 English

Contents

Majority

p. 754
Edward Pearson, an Infant, by Gustav E. Pearson, His Guardian ad Litem, Respondent, v. Samuel Rosenblum, Appellant, Impleaded with Helen Rooney, Defendant.
(Appeal No. 1.)

Order denying motion to open default reversed on the law and facts, without costs; motion to open default granted, without costs, and judgment vacated upon condition that appellant within five days pay $25 costs, and upon the further condition that appellant within five days file a surety company undertaking in the sum of $1,500, conditioned to pay any judgment that plaintiff may obtain on a new trial. Appellant allowed twenty days in which to answer. No opinion. Blaekmar, P. J., Rich, Jaycox, Manning and Kelby, JJ., concur. Settle order on notice before Mr. Justice Kelby.