Goldstein v. Mason Seamon Transportation Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First Department. Action by Morris Goldstein against the Mason Seamon Transportation Company. From an order denying a motion to vacate a judgment of dismissal and open plaintiff’s default, he appeals. Reversed, and cause restored to the calendar.
1Per curiam
After issue was joined in this action, and several adjournments were had, the attorneys for the respective parties entered into a written stipulation adjourning the case from March 20 until April 3, 1912. This stipulation was made on March 18th, two days before the day set for trial. On March 20th, neither *962side appearing in court to answer the call of the calendar, the case was dismissed. The plaintiff thereafter moved upon notice to open his default and vacate the judgment of dismissal, which motion was denied.
The court below did not lose jurisdiction of the case by reason of the dismissal.…
2Cases cited1 opinion
- Johnson v. MonahanAppellate Terms of the Supreme Court of New York · 1905
3Cited by1 opinion
- Equitable Trust Co. v. WehrenbergAppellate Terms of the Supreme Court of New York · 1913