Legal Opinion

Damsky v. Dochterman

Appellate Terms of the Supreme Court of New York

Decided January 15, 1909PublishedCited by 1 opinion

Appeal by the plaintiff from an order of the City Oourt of the city of New York denying an adjournment of the above entitled action and dismissing the complaint and also from an order denying a motion to open the plaintiff’s default and restore the case to the calendar for trial.

1Per curiam

The plaintiff’s motion to open a dismissal, suffered at the trial because of the absence of a necessary witness, was denied upon the ground, as appears from the papers on appeal, that the question was concluded by the determination of the court at the time when the cause was called for trial and an adjournment refused, which determination was to be reviewed only by direct appeal from an order denying the application for an adjournment. This rule of practice, announced by the Appellate Division of the Second Department (Warth v. Moore Co., 125 App. Div. 211), has not been adopted in the First…

2Cases cited3 opinions

  1. Warth v. Moore Blind Stitcher & Overseamer Co.Appellate Division of the Supreme Court of the State of New York · 1908
  2. Richard v. Nattional Distilling Co.Appellate Terms of the Supreme Court of New York · 1905
  3. Marchesini v. ScaccianoceAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by1 opinion

  1. Harde v. PurdyAppellate Terms of the Supreme Court of New York · 1909

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