Equitable Trust Co. v. Wehrenberg
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fourth District. Action by the Equitable Trust Company of New York against William Wehrenberg. From an order of the Municipal Court denying a motion to vacate a judgment of dismissal and to open plaintiff’s de- . fault, plaintiff appeals. Reversed, and judgment vacated.
1Opinion of the CourtGuy, J.
After several adjournments of the trial of this action, after issue joined, neither party appeared upon the adjourned day, and the action was dismissed. Subsequently the plaintiff moved to vacate the judgment of dismissal and to open its default, which motion was denied. From the order denying such motion, the plaintiff appeals.
The only objection raised against granting the plaintiff relief was that the court below had lost jurisdiction of the case and that plaintiff’s only remedy was to begin a new action. This was error. Johnson v. Monahan, 47 Misc. Rep. 689, 94 N. Y. Supp. 351; Droege v.…
2Cases cited3 opinions
- Droege v. HerzAppellate Terms of the Supreme Court of New York · 1905
- Johnson v. MonahanAppellate Terms of the Supreme Court of New York · 1905
- Goldstein v. Mason Seamon Transportation Co.Appellate Terms of the Supreme Court of New York · 1912