Anderson v. Lazarowitz
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Clifford L. Anderson and others against Alfred M. Lazarowitz. From an order denying the motion to set aside a default, defendant appeals. Affirmed, with leave to renew.
1Opinion of the CourtBijur, J.
The only reason given for opening the default of the defendant, taken upon his failure to appear at the time the case was set down for trial, is that the defendant’s attorney, who was. engaged in a Brooklyn court, sent his clerk to the courtroom to inform the justice that his employer was on his way there, and to ask that the case be held to await his arrival. It is significant that no affidavit of the clerk was submitted, nor its absence explained. The motion to open the default was properly denied.
Order affirmed, with costs, with leave to defendant to renew the motion, upon payment of the…
2Cited by1 opinion
- Schindler v. MisrochAppellate Terms of the Supreme Court of New York · 1916