Legal Opinion
Gotham Raincoat Co. v. Levey
Appellate Terms of the Supreme Court of New York
Decided October 27, 1914PublishedCited by 1 opinion
Appeal from City Court óf New York, Special Term. Action by the Gotham Raincoat Company against Murray L. Levey. From an order vacating plaintiff’s default upon payment of the taxable costs to date, plaintiff appeals.
1Opinion of the CourtBijur, J.
It is not denied that the default was taken at a time when plaintiff’s counsel was engaged in the trial of a case in the Supreme Court and that due proof of that fact was submitted to the trial court.
The order, therefore, should be modified, by striking therefrom the condition of the payment of costs, and, as so modified, affirmed, with $10 costs and disbursements to the appellant. All concur.
2Cited by1 opinion
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