Levy v. Roossin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Abraham. Roossin, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, entered on the 13th day of November, 1903, and also from two orders entered on the 2d and 6th days of November, 1903, respectively, opening the defendants’ default and denying a jury trial.
1Opinion of the Court
Willard Bartlett, J.:
This judgment must be reversed on account of the error of the Municipal Court in refusing the defendant a trial by jury when seasonably demanded by him.
*388The action was brought to recover the value of professional services alleged to have been rendered to the defendant by- the plaintiff as an attorney and counselor at law. The defendant suf-. fered a default on October 30,1903. On the second day of N ovem.ber following a motion was made in the Municipal Court to open this default on the ground that his counsel had-mistaken the tribunal in which he was summoned to appear,…
2Cases cited1 opinion
- Reese v. BaumAppellate Division of the Supreme Court of the State of New York · 1903