Solomon v. Terlizzi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
While plaintiff was entitled to the relief granted, nevertheless under the circumstances disclosed by the record before us defendant is also entitled to be reimbursed, to the extent of $100, for the extra expense and work to which he and his attorney have been put by reason of plaintiff’s default in appearing for trial on the adjourned day. Payment of this sum should be made before the judgment is vacated and the action restored for trial. Beldoek, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.
2Cited by3 opinions
- Robert C. Thorpe v. Bessie P. ThorpeCourt of Appeals for the D.C. Circuit · 1966
- Leab v. StreitDistrict Court, S.D. New York · 1984
- Kimple v. Auble, New York County Courts1976