Dorfman v. Hirschfield
New York Supreme Court
Appeal from an order of the Municipal Court, of the city of Hew York, fourth district, borough of Manhattan, granting defendant’s motion to open his default, upon the payment of ten dollars costs.
1Opinion of the CourtGildersleeve, J.
Upon December 5, 1906, the day to which the above entitled action had been adjourned, the clerk of the defendant’s attorney appeared upon the call of the case and presented an affidavit made by defendant’s attorney to the effect that -said attorney was then actually engaged in Trial Term, Part 1, Supreme Court, Kings county, in a case (naming it) which on .the day before had been reached on the call calendar of that court and that defendant and his witnesses had waited to be assigned to a trial *539part, and would be so assigned on December fifth, and that the trial would take all day. The clerk…
2Cases cited1 opinion
- Marsh & McClennen v. Nassau Show Case Co.Appellate Terms of the Supreme Court of New York · 1899
3Cited by6 opinions
- Rothman v. Interborough Rapid Transit Co.New York Supreme Court · 1910
- Smith v. GeratyAppellate Terms of the Supreme Court of New York · 1909
- Ballin v. ClarkAppellate Terms of the Supreme Court of New York · 1913
- Clement v. White's Express Co.Appellate Terms of the Supreme Court of New York · 1909
- Prinstein v. De RosaAppellate Terms of the Supreme Court of New York · 1910
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