CHERRY v. COYNE


96 Misc.2d 215 (1978)

Virginia Cherry, Plaintiff, v. John J. Coyne, Defendant.

City Court of New Rochelle.

September 19, 1978


Attorney(s) appearing for the Case

Morton Berger for defendant. Joseph M. Pogostin for plaintiff.


BEN MERMELSTEIN, J.

Defendant moves to vacate default judgment in this small claims proceeding.

According to court records this case has been calendared about nine times. This by and of itself tends to defeat the very purpose of small claims.

Moreover, it is well settled that motion practice will not be permitted in such a proceeding, except on a showing of complicated issues. This is certainly not such a case. The particulars sought by...

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