INSEL v. SPAR


13 Misc.2d 316 (1958)

Alfred Insel, Respondent, v. M. Marc Spar et al., as Executors and Trustees under the Will of Morris Spar, Deceased, Defendants and Third-Party Appellants. Raymond Black, Third-Party Respondent. Louis Berger, Third-Party Defendant.

Supreme Court, Appellate Term, Second Department.

May 20, 1958.


Attorney(s) appearing for the Case

Norman Lustig and Sanford Saideman for appellants.

No appearance for respondents.

Concur — PETTE, HART and BROWN, JJ.


Per Curiam.

The order should be unanimously reversed on the law, with $10 costs and disbursements to defendants and motion denied without prejudice to an application to open the default if respondent be so advised. Since the action was dismissed upon the Classification and Control Calendar of the City Court, by virtue of the failure of the plaintiff to appear, it may not be restored to the calendar. The proper procedure is for the respondent to move to open...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases