Legal Opinion

Wolff v. Stern

Appellate Terms of the Supreme Court of New York

Decided November 19, 1914PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Louis Wolff against Isidore Stern. From an order denying defendant’s motion .to open a default in the Municipal Court, defendant appeals.

1Per curiam

This case was set down for trial in the Municipal Court for June 5, 1914. On June 3d defendant’s attorney entered upon the trial of a case in the City Court, and was actually engaged in such trial on June 5, 1914. Upon the call of the calendar in the Municipal Court, when this case was reached, an affidavit showing the actual engagement in the City Court of defendant’s attorney was submitted to the justice of the Municipal Court, and an adjournment asked for, which was refused, except upon terms, and an inquest was taken.

Plaintiff’s attorney knew upon June 3d that defendant’s attorney was…

2Cases cited1 opinion

  1. Goldstein v. FrumkesAppellate Terms of the Supreme Court of New York · 1911

3Cited by1 opinion

  1. Bais v. NashAppellate Terms of the Supreme Court of New York · 1916

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