Kraus v. Comet Film Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Maurice Kraus, doing business as the Kraus Manufacturing Company, against the Comet Film Company. From a judgment by default in favor of the plaintiff, and from an order denying defendant’s motion to open the default, defendant appeals.
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Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Maurice Kraus, doing business as the Kraus Manufacturing Company, against the Comet Film Company. From a judgment by default in favor of the plaintiff, and from an order denying defendant’s motion to open the default, defendant appeals. Order reversed, and default opened, upon defendant’s repayment of $10 costs and upon his deposit of the amount of the judgment or his undertaking as provided for by Municipal Court Act, § 256; and appeal from judgment dismissed.
1Per curiam
The default in this case does not seem to have been willfully or intentionally allowed, but was largely attributable to the inexperience of the defendant’s attorney. We have recently held that:
“It is the duty of the courts to protect litigants from the neglect and misconduct of- their attorneys, and not deprive them of an opportunity to be fully and fairly heard where the fault was not their own.” Heiliger v. Ritter, 78 Misc. Rep. 264, 266, 138 N. Y. Supp. 212, 214.
*307The order appealed from should be reversed, without costs of this appeal to either party, and the default opened, upon payment by…
2Cases cited1 opinion
- Heiliger v. RitterAppellate Terms of the Supreme Court of New York · 1912