Union Stores Corp. v. Haight
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis W. Haight, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 25th day of May, 1907, denying the defendant’s motion to open his default.
1Opinion of the Court
Woodward, J.:
It appears from the undisputed facts in this case that the defendant had an arrangement with the plaintiff’s attorney to keep watch of the calendar, that it might not be necessary for the former to be present at all times with his witnesses ; that through an inadvertence the case was at one time marked for inquest, but that the correction was made at once, with the consent of all concerned, so that the case was marked as being ready. It was not reached on the ready calendar, and on the day of the alleged default the case stood Ho. 17 on the ready calendar, or three from the…
2Cases cited1 opinion
- Herbert Land Co. v. LorenzenAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Dexter Sulphite Pulp & Paper Co. v. HearstAppellate Division of the Supreme Court of the State of New York · 1923
- Heiliger v. RitterAppellate Terms of the Supreme Court of New York · 1912