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Metropolitan Trust Co. v. Heinze

120 N.Y.S. 1135 Court N.Y. App. Div. Decision date 1910-01-14 English

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p. 1135
METROPOLITAN TRUST CO. OF CITY OF NEW YORK v. HEINZE.
(Supreme Court, Appellate Division, First Department.
January 14, 1910.)

Headnote

Appeal from Special Term, New York County. Action by the Metropolitan Trust Company of the City of New York against Arthur P. Heinze. From a'n order granting a motion to vacate a judgment entered on default and permitting defendant to serve an answer, plaintiff appeals. Modified and affirmed. Tompkins Mcllvaine, for appellant. Robert W. Crawford, for respondent.

Without passing upon the sufficiency of the defense set up in the proposed answer, in view of the size of the judgment and the circumstances under which it was entered, and of the fact that under the amendment of the rule in relation to Trial Terms the plaintiff can move to have its case tried at Part 2 and thus obtain a speedy trial, the order appealed from should be modified, by providing that the judgment shall stand as security, and, as so modified, affirmed, without costs.