Bais v. Nash
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by George Bais against Jonathan Nash. From an order granting defendant’s motion to open his default, on condition that he pay costs, deposit the amount of the judgment as security, and consent to take plaintiff’s testimony by deposition, defendant appeals. ' Order modified, and, as modified, affirmed.
1Opinion of the CourtWeeks, J.
[1] The default of defendant having been taken after the presentation of an affidavit showing actual engagement of counsel in the United States District Court, Eastern District, the imposition of terms was unwarranted. Gotham Raincoat Co. v. Levey (Sup.) 149 N. Y. Supp. 482; Solomon v. Sultan Flore Cigarette Co. (Sup.) 153 N. Y. Supp. 947; Goldstein v. Frumkes, 74 Misc. Rep. 450, 132 N. Y. Supp. 318; Wadler v. Karpel, 78 Misc. Rep. 376, 138 N. Y. Supp. 367; Wolff v. Stern (Sup.) 149 N. Y. Supp. 908.
[2] As appellant upon his brief expresses his willingness, however, to take the deposition of…
2Cases cited5 opinions
- Goldstein v. FrumkesAppellate Terms of the Supreme Court of New York · 1911
- Gotham Raincoat Co. v. LeveyAppellate Terms of the Supreme Court of New York · 1914
- Solomon v. Sultan Flore Cigarette Co.Appellate Terms of the Supreme Court of New York · 1915
- Wadler v. KarpelAppellate Terms of the Supreme Court of New York · 1912
- Wolff v. SternAppellate Terms of the Supreme Court of New York · 1914