Elfenbein v. Rosenthal
Appellate Terms of the Supreme Court of New York
These two appeals are taken by the respective defendants from judgments rendered in favor of the plaintiff upon inquests in the Municipal Court of the city of Mew York, second district, borough of Manhattan.
1Opinion of the CourtTruax, J.
The facts in these cases are similar and they are to be considered together. The return in the Knepper action contains the following recital: “ The above case was called at 9 :20 a. m. and no one appearing for the plaintiff, the defendants’ attorney moved that the case be dismissed; that the'court thereupon announced a dismissal and handed the papers to the clerk for such endorsement. That while *381the clerk was making such endorsement and before the court had signed the said judgment of dismissal, and while the defendants were still in the courtroom, the plaintiff’s attorney appeared and stated…
2Cases cited6 opinions
- Abrams v. FineAppellate Terms of the Supreme Court of New York · 1899
- Koerkle v. PangbornAppellate Terms of the Supreme Court of New York · 1900
- Popkin v. FriedlanderAppellate Terms of the Supreme Court of New York · 1898
- Eichner v. CohenAppellate Terms of the Supreme Court of New York · 1904
- Goldstein v. LoebAppellate Terms of the Supreme Court of New York · 1897
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3Cited by1 opinion
- Vesell v. SchreiberAppellate Terms of the Supreme Court of New York · 1907