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JALIZ HOLDING CORP. v. McGILL

282 A.D. 893 (1953)

Jaliz Holding Corp., Appellant, v. Melvin McGill et al., Respondents, and Advance Funding Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 26, 1953.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs.

In our opinion, the execution of the stipulation by the defendant Marion McGill was not an appearance, within the meaning of rule 257 of the Rules of Civil Practice, and did not entitle defendants to notice of the application for judgment. (Cf. Metal Shelter Co. v. Fosdick, 172 N.Y.S. 273, affd. 188 App. Div. 882 and Stokes v. Schildknecht, 85 App. Div. 602.) Rule 190...

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