Solomon v. Sultan Flore Cigarette Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Aaron Solomon against the Sultan Elore Cigarette Company, Incorporated, and others. From an order granting defendants' motion to open their default upon conditions, defendants appeal.
1Opinion of the CourtGuy, J.
Upon November 24, 1914, issue was joined in this case, and it was set down for December 8th for trial. Owing to the actual engagement of defendants’ attorney in the trial of a case in the Supreme Court on that day, the case was set down peremptorily for the next day. On that day the defendant presented an affidavit made by his attorney to the effect that another case in the Municipal Court, in which he was engaged, had previously been set down peremptorily for the 9th day of December, and that he was compelled to go in that trial, and he asked that this case be held until the 10th, or be…
2Cases cited2 opinions
- Duly v. HermanAppellate Terms of the Supreme Court of New York · 1914
- Stein v. CohenAppellate Terms of the Supreme Court of New York · 1914
3Cited by1 opinion
- Bais v. NashAppellate Terms of the Supreme Court of New York · 1916