Silverman v. Mark
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Wulf Silverman against Henry Mark. From an order of the City Court, denying defendant’s motion to open his default and vacate a judgment, he appeals.
1Opinion of the CourtBijur, J.
It is not denied that the appellant’s counsel was, on the day and at the time when this judgment was entered against him, engaged in the trial of a case in the Municipal Court in Brooklyn, and that this excuse was properly presented to the judge below in the form of an affidavit; but this case was ordered to trial and a jury impaneled. A boy from the office of defendant’s counsel was present at the time, and, appreciating his own inexperience, he asked the clerk of another lawyer, with whom he was acquainted and who happened to be present in the court, to assist and advise him. The clerk…
2Cited by2 opinions
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