Schmidt v. Brennan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 24th day of January, 1913, denying her motion to open a default and to vacate the judgment entered herein dismissing her complaint.
1Per curiam
A conclusion that the Special Term abused its discretion in its refusal to open the default is not essential to our review. (Lawson v. Hilton, 89 App. Div. 303.) The action was new, and the time that intervened its first appearance on the trial calendar and the dismissal of the complaint was less than six days. The plaintiff’s former attorney perhaps had some justifiable reason for belief that when the trial court denied his motion for the framing of issues for a jury it would grant a stay in order to make a review of that order possible before he would be forced to trial in the equity side…
2Cases cited1 opinion
- Lawson v. HiltonAppellate Division of the Supreme Court of the State of New York · 1903