Lefenfeld v. Adler
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order of the Municipal Court of the city of New York, fourth district, borough of Manhattan, denying plaintiff’s motion.
1Opinion of the CourtLbveetritt, J.
Issue was joined on July 17, 1905; there followed a series of adjournments until January 23, 1906. On that day the plaintiff appeared and requested a further adjournment, which was, however, refused, and judgment was rendered dismissing the complaint with costs. Subsequently the plaintiff moved to vacate the judgment and to open the default. From the order denying that mo~ *67tion this appeal is taken. The plaintiff has mistaken her remedy. There was no default to be opened, hence the denial of the motion was inevitable. The judgment of dismissal was not the result of nonappearance of the…
2Cited by2 opinions
- Wolfert v. New York City Railway Co.New York Supreme Court · 1907
- Talty v. StraussAppellate Terms of the Supreme Court of New York · 1907