Finkelstein v. Rosenblatt

The attempted appeal from the judgment entered by default herein is dismissed, without costs, on the ground that such a judgment is not appeal-able under the Code of Civil Procedure, section 1294. The order denying defendant’s motion to open his default and to vacate the judgment entered thereon is reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. It appears from the motion papers and the court below has found that the trial counsel for the defendant was actually engaged at the time of the default herein at the trial of a case in the City…