Cohen v. Meryash
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Benjamin Cohen, an infant, by guardian ad litem, against Rebecca Meryash and others. From an order setting aside a dismissal of the complaint, and restoring the case to the day calendar, defendants appeal. Modified.
1Per curiam
The justice below must have considered that plaintiff was entitled, as matter of right, to an order opening the default, else he would not have made the order without conditions. As we read the record, we cannot concur in this view. It is undisputed that when the cause appeared on the calendar it was, at plaintiff’s request, held and passed on at least two occasions by reason of the engagement of counsel, who, as it was stated, was to try the case for the plaintiff. When the counsel’s other engagements had terminated so that he was, for all that appears, free to go to trial, application for…
2Cited by1 opinion
- Friedland v. Commonwealth Fire Insurance Co. of OttumwaAppellate Division of the Supreme Court of the State of New York · 1909