Goldman v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from an order of the Municipal Court of the city of Hew York, denying the defendant’s motion to open its default and the inquest taken thereupon and to set aside the judgment entered thereon, and also from such judgment in favor of the plaintiff, rendered on the 13th day of April, 1908.
1Opinion of the Court
Rich, J.:
When the case was called for issue on November 7,1907, defendant's attorney filed an affidavit alleging non-payment of the costs of a former action between the parties for the same cause, in which the complaint was dismissed, and asked that further proceedings be stayed until the payment of such costs. Counsel differ as to whether the court granted or denied this motion, but it is conceded that no order was entered or'signed making any disposition of it. On April 13, 1908, the action was reached for trial before another justice. Upon the call of the calendar the plaintiff answered…
2Cases cited3 opinions
- Warth v. Moore Blind Stitcher & Overseamer Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Hines v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- McKown v. OppenheimerAppellate Terms of the Supreme Court of New York · 1908
3Cited by4 opinions
- Weiner v. Yale Knitting MillsAppellate Division of the Supreme Court of the State of New York · 1910
- Wetzel v. BarhiteAppellate Terms of the Supreme Court of New York · 1916
- Karp v. KroneAppellate Terms of the Supreme Court of New York · 1912
- R. C. Schindler, Inc. v. KahnCity of New York Municipal Court · 1935