Brady v. Martin
City of New York Municipal Court
Appeal from special term. Action by Ann Brady against Nicholas Martin. Plaintiff noticed the case for trial. Defendant did not. After several adjournments the action was dismissed by default, plaintiff failing to appear. A motion to open the default was granted on payment of $15 costs. Plaintiff appeals from the order.
1Per curiam
We recognize the statutory requirement that either party desiring to bring a cause to trial must serve notice thereof, and this provision was followed by the plaintiff, who duly noticed the cause. The parties appeared in court on the call of the calendar, and the cause was evidently adjourned from time to time, by consent, for trial. The defendant was called upon to protect himself on the different occasions when the action was called, and, on the failure of the plaintiff to appear on September 8th, the complaint was dismissed. We think the defendant was regular in his practice. The supreme…
2Cases cited1 opinion
- Townsend v. KeenanNew York Court of Common Pleas · 1859
3Cited by1 opinion
- Rosenthal v. FriedmanNew York Supreme Court · 1908