Brusco v. Braun, 199 A.D.2d 27 (1993)

Citation: Brusco v. Braun, 199 A.D.2d 27 (1993)
Parent Document: Brusco v. Braun, 199 A.D.2d 27 (1993)
Jurisdiction: New York (state)
Effective Date: 1993-12-07
Original Source: https://www.courtlistener.com/opinion/6103695/brusco-v-braun/ ↗

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While the majority construe the statute as requiring a summary entry of judgment without further court procedure, they further conclude that the statute permits the petitioner to cure a defect in the pleadings by the submission of additional affidavits, despite complete silence in the statute itself as to any further proceedings. In advancing a construction which approves of certain supplemental proceedings not set forth in the statute, the majority implicitly recognize that the statute was not and could not have been intended to supplant the discretion normally enjoyed by courts before rendering a judgment. As indicated by the record before us, the holding of inquests, sanctioned by the Administrative Judge of the Civil Court, is apparently due to the numerous errors and omissions which occur in the pleadings in such summary proceedings.

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