Schrenk & Co. v. Gurfein
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Schrenk & Company against Joseph Gurfein. From an order denying defendant’s motion to open a default unless he should deposit the amount of the judgment or give an undertaking as provided in Municipal Court Act (Laws 1902, c. 580) § 256, defendant appeals. Reversed, judgment vacated, and new trial ordered.
1Opinion of the CourtBijur, J.
The defendant in this case was entitled to have his default opened because it had occurred through failure to accord him an adjournment while his counsel was engaged in the trial of another action. Under these circumstances, the granting of the motion upon the terms imposed was tantamount to a denial of the motion, and therefore becomes appealable.' Sutton v. Bayles, 70 Misc. Rep. 522, *521127 N. Y. Supp. 432; Goldstein v. Frumkes, 74 Mise. Rep. 450, 132 N. Y. Supp. 318.
Order reversed, judgment vacated, and a new trial ordered, with costs to appellant to abide the event. All concur.
2Cases cited2 opinions
- Goldstein v. FrumkesAppellate Terms of the Supreme Court of New York · 1911
- Sutton v. BaylesAppellate Terms of the Supreme Court of New York · 1911