Goldstein v. Rosenthal
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Joseph D. Goldstein against Elias Rosenthal and another. From a judgment, for plaintiff, and from an order denying defendants’ motion to open their default, they appeal.
1Opinion of the CourtGiedersleeve, P. J.
This is an appeal by the defendant Max Brown from a judgment taken against him by default, and from an order denying a motion to open his default. The judgment taken by default is not appealable, and the appeal therefrom must be dismissed. The summons in the action was returnable on the 11th day of June, 1908, and the case was then adjourned until June 18th. On that day the case was again adjourned until June 26th and peremptorily set down for trial on that day as against the defendant. On June 25th the appellant herein obtained an order returnable on July 2, 1908, directing the plaintiff to…
2Cases cited1 opinion
- McKown v. OppenheimerAppellate Terms of the Supreme Court of New York · 1908