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Whitehead v. Lee

59 N.Y.S. 1117 Court N.Y. App. Div. Decision date 1899-06-27 English

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p. 1117
WHITEHEAD, Appellant, v. LEE, Respondent.
(Supreme Court, Appellate Division, Second Department.
June 27, 1899.)

Headnote

Action by John C. Whitehead against Homer Lee.

While too much regard should not be paid to technicalities, we deem the requirement that on a motion to open a default merit should be shown as being substantial. Here the answer is not verified, and no affidavit of merit has been served. The order appealed from should be reversed, with $10 costs and disbursements, and motion remitted to the special term for further hearing, with leave to the defendant, on the payment of such costs, to serve additional affidavits showing that his defense is meritorious.