Bernstein v. Harris
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Jacob Bernstein and another, copartners doing business under the firm name and style of Bernstein & Marcus, against Samuel Harris and others. From an order denying a motion to open a default, defendants appeal.
1Per curiam
The defendants appeal from an order denying a motion to open their default. The facts are not disputed. The case appeared upon the Municipal Court calendar for trial on February 2, 1914, and upon the call of the calendar both sides answered “Ready.” It was regularly reached about 1L:30 a. m., and was assigned to Part 1 of the court for trial. A clerk of the defendants’ attorney then stated to the justice sitting in that part that defendants’ attorney was on his way to court, and thereupon the case was sent back to Part 2. Thereafter the case was again called for trial, and the clerk of the…
2Cases cited2 opinions
- Herbert Land Co. v. LorenzenAppellate Division of the Supreme Court of the State of New York · 1906
- Miller v. SamsonAppellate Terms of the Supreme Court of New York · 1914