Jospe v. Lighte

While the court may, in its discretion, and upon such terms as justice requires, reheve a party from a judgment taken against him through his mistake, inadvertence, surprise or excusable neglect (Code, § 724), the party seeking relief must have merit in his appeal and show that injustice might’ follow a denial of his application.

It appears that the plaintiff on August'8, 1896, paid to the defendants $62 “ for the privilege of fountain and stand situated at 118 Orchard street.” The agreement does not express any term. The plaintiff paid, in addition, a rental of $15 a month; the last payment…