Legal Opinion

Dietz v. Weisthal

Appellate Terms of the Supreme Court of New York

Decided March 15, 1928PublishedCited by 1 opinion

1Per curiam

Defendant’s counsel having been actually engaged in the trial of a case in the Supreme Court and having presented an affidavit to the court, defendant was entitled to an adjournment.

The order opening the default is modified by striking out the terms imposed, and as so modified is affirmed, with ten dollars costs to appellant to abide the event.

All concur; present, Lydon, Levy and Crain, JJ.

2Cited by1 opinion

  1. Poole v. MayerAppellate Division of the Supreme Court of the State of New York · 1985