Legal Opinion

Baldwin v. Yellow Taxi Corp.

Appellate Division of the Supreme Court of the State of New York

Decided December 1, 1927PublishedCited by 16 opinions

1Per curiam

At the first Trial Term in Madison county after the cause was at issue, the plaintiff having placed the case on the day calendar moved it for trial on the fourth day after the term opened, took a verdict and entered judgment in the absence *718of defendant’s counsel who had not attended the term. The place of business of defendant and the office of its counsel were in New York city. They received no notice except the notice of trial served by mail sixteen days before the term opened.

Their answer set up a substantial defense on the merits. They moved to open the default alleging their…

2Cases cited5 opinions

  1. Ladd v. . StevensonNew York Court of Appeals · 1889
  2. Allen v. FinkAppellate Division of the Supreme Court of the State of New York · 1925
  3. Gideon v. DwyerNew York Supreme Court · 1896
  4. People ex rel. Weaver v. Van De CarrAppellate Division of the Supreme Court of the State of New York · 1896
  5. Rycroft v. PierceAppellate Division of the Supreme Court of the State of New York · 1912

3Cited by16 opinions

  1. Benadon v. AntonioAppellate Division of the Supreme Court of the State of New York · 1960
  2. In re the Estate of MillerNew York Surrogate's Court · 1937
  3. Bond Stores, Inc. v. TurnerAppellate Division of the Supreme Court of the State of New York · 1941
  4. In re the Estate of MentoAppellate Division of the Supreme Court of the State of New York · 1969
  5. Hurley v. ReouxAppellate Division of the Supreme Court of the State of New York · 1968

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