Eichner v. Cohen
Appellate Terms of the Supreme Court of New York
Appeal by the defendant Joseph Cohen, from a judgment in favor of the plaintiff rendered in the Municipal Court of the city of New York, thirteenth district, borough of Manhattan, and also from an order • denying a motion to vacate the judgment and to strike the cause from the calendar.
1Opinion of the CourtMacLean, J.
The summons in each case, dated June 1, 1904, was returnable June 9, 1904, at nine o’clock in the forenoon. At that hour on the return day, allowing for *127differences of statement by counsel for the parties and the trial justice, the plaintiff did not appear, nor at ten o’clock either party, and the cases were dismissed. Shortly after ten o’clock the plaintiff inquired their disposition of the court, and was informed that they had been dismissed for nonappearance. The plaintiff replied that he had been in court and answered to the call. The justice then said he would restore the cases to the…
2Cases cited2 opinions
- Abrams v. FineAppellate Terms of the Supreme Court of New York · 1899
- Koerkle v. PangbornAppellate Terms of the Supreme Court of New York · 1900
3Cited by2 opinions
- Elfenbein v. RosenthalAppellate Terms of the Supreme Court of New York · 1905
- Rothenberg v. HermanAppellate Terms of the Supreme Court of New York · 1905