Goldenberg v. Adler
New York Supreme Court
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Isidor Goldenberg against Jacob P. Adler. From a judgment for defendant, dismissing the complaint, plaintiff appeals. Judgment vacated.
1Opinion of the CourtBijur, J.
This action was begun April 20, 1909. After numerous adjournments, it came to trial before Justice Weil October 28, 1909. Defendant’s motion for an adjournment on that day having been denied, plaintiff took judgment upon default. On the same day Justice Hoyer, on defendant’s application, granted an order to show cause, with a stay, why the default should not be opened. This motion came on to be heard before Justice Moore, who made the following order on October 8, 1909:
“This motion must b"e denied. No affidavits of merits accompanied the original order to show cause. Nowhere does it appear…
2Cases cited14 opinions
- Riggs v. . PursellNew York Court of Appeals · 1878
- Veeder v. . BakerNew York Court of Appeals · 1880
- Belmont v. Erie Railway Co.New York Supreme Court · 1869
- Friedberger v. StulpnagelAppellate Terms of the Supreme Court of New York · 1908
- Haskell v. MoranAppellate Division of the Supreme Court of the State of New York · 1907
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- Blaustein v. LyonsAppellate Terms of the Supreme Court of New York · 1911
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