Hyperlawhypertext legal database Frising v. Cofinas 142 N.Y.S. 356

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Frising v. Cofinas

142 N.Y.S. 356 Court Argued June term, 1913, before SEABURY, PAGE, and BIJUR, JJ. Decision date 1913-06-24 English

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p. 356
FRISING v. COFINAS.
(Supreme Court, Appellate Term, First Department.
June 24, 1913.)

Headnote

Appeal and Error (§ 127[1] )—Default Judgment—Right of Appeal.
An appeal from a default judgment does not lie; but the remedy is by motion to open the default or vacate the judgment as entered without jurisdiction.
[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 885-889, 891; Dec. Dig. § 127.*]
Appeal from Municipal Court, Borough of Manhattan, First District.
Action by George O. Frising against Constantine Cofinas. From a default judgment for plaintiff, defendant appeals. Dismissed.
Argued June term, 1913, before SEABURY, PAGE, and BIJUR, JJ.
Wm. V. Zipser, of New York City (M. Spencer Bevins, of New York City, of counsel), for appellant.
Maurice A. Lynch, of New York City (Benjamin F. Donvan, of counsel), for respondent.

There can be no appeal from a judgment entered upon a default. The remedy is by motion to open the default, or to vacate the judgment as entered without jurisdiction.

Appeal dismissed, with $10 costs.