Abelow v. Bradley Contracting Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from order denying its motion to set aside its default taken at trial term, City Court of the city of New York.
1Opinion of the CourtGuy, J.
The action is to recover damages for personal injuries, and it is uncontradicted that on November 9,1916, when the justice directed plaintiff’s attorney to take an inquest, defendant’s attorney was actually engaged in the trial of a cause in the Supreme Court. That an affidavit showing the engagement was submitted to the justice is disputed, but it is clear that the request was made in defendant’s behalf that the cause be passed for the day on account of the engagement of defendant’s counsel.
Counsel for the defendant being actually engaged at the time the cause was finally called for trial on…
2Cases cited1 opinion
- Dana v. ThawAppellate Terms of the Supreme Court of New York · 1907