Kugelman v. Katz
Appellate Terms of the Supreme Court of New York
Appeal from an order of the City Court of the city of New York, denying defendants’ motion to open their default and set aside a judgment upon an inquest.
1Opinion of the CourtLehman, J.
It appears that on January fourteenth this case was marked ready for trial in Part III of the court and was sent from there to a vacant part for trial. The trial then proceeded and one of the defendants was examined on behalf of the plaintiffs. During the examination a somewhat heated discussion occurred between the court and defendants’ counsel. As a result of that discussion, and apparently in order to avoid any possible prejudice to the defendants from the remarks of the court to the defendants’ counsel, the court very properly declared a mistrial. Thereafter, the defendants’ counsel asked…
2Cases cited1 opinion
- Sutter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Boeckmann v. SmithMissouri Court of Appeals · 1945