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Hilzen v. Universal Restaurant Co.

5 Misc. 2d 563 Court Supreme Court, Appellate Term, First Department, Decision date 1956-12-20 English

Contents

Majority

p. 563
Hy Hilzen, Appellant, v. Universal Restaurant Co., Inc., et al., Defendants, and Sammy Kay, Respondent.
Supreme Court, Appellate Term, First Department,
December 20, 1956.
p. 564
Samuel Brodsky for appellant.
Harry W. Davis for respondent.

The 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.

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

Hoestadter, Aurelio and Tilzer, JJ., concur.

Order reversed, etc.