Hirschhorn v. Friedberg
Appellate Division of the Supreme Court of the State of New York
Appeal ' by the plaintiff, David Hirschhorn, from an order of the Municipal Court 'of the city of New York, borough of Brooklyn, in favor of the defendant, entered in the clerk’s office of said court on the llth day of March, 1911, denying the plaintiff’s motion to- vacate an order of dismissal in the above-entitled action.
1Opinion of the Court
Woodward, J.:
The plaintiff in this action answered ready on the call of the calendar. Subsequently, through a clerk in the office of his attorney, he made an application for an adjournment, which was denied, and the case was marked ready and sent to Part 2 of the court for trial. The jury was drawn and sworn in, when a recess was taken for luncheon. Upon the reconvening of the court the plaintiff, through the law clerk, made a motion to adjourn the case, submitting an affidavit of a physician to the effect that one Samuel Meyers, not the attorney of record in the case, was ill. Defendants…
2Cases cited3 opinions
- In Matter, Etc., Waverly Water-Works Co.New York Court of Appeals · 1881
- Rawson v. SiloAppellate Division of the Supreme Court of the State of New York · 1905
- Poland v. MinshallAppellate Terms of the Supreme Court of New York · 1905