Brickel v. Train
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by David Brickel against Barnett Train. From an order opening the default of defendant on condition, defendant appeals. Modified.
1Opinion of the CourtMacEEAN, J.
Permission was accorded the defendant in this, an action for personal injuries, to open his default, suffered by his own negligence, upon condition that he give a good and sufficient undertaking to secure any judgment that the plaintiff may obtain against him. From this, as from undue hardship, relief is asked on this ap*293peal. In Glickman v. Loew, 29 App. Div. 479, 51 N. Y. Supp. 1078, an action for false imprisonment, wherein a default occurring through neglect of an attorney was allowed to be opened upon a similar condition, besides payment of costs, it was remarked upon appeal that, the…
2Cases cited2 opinions
- Glickman v. LoewAppellate Division of the Supreme Court of the State of New York · 1898
- Glickman v. LoewAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Russell v. PiperOregon Supreme Court · 1921