Schindler v. Misroch
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Eva Schindler against Abraham Misroch. Erom an order granting a motion to open plaintiff’s default, defendant appeals. Order reversed, motion denied, and judgment reinstated.
1Opinion of the CourtWeeks, J.
The action, which is to recover damages for personal injuries, was commenced in September, 1915, and was finally set for trial for November 9, 1915, on which day it was dismissed, because of the nonappearance of plaintiff’s attorney. This dismissal was vacated and the case set down for trial for November 24, 1915. When the case was called on that day the representative of plaintiff’s at*794torney requested that the action be held until the attorney arrived, but no affidavit of engagement was presented to the trial justice, and the case was sent out, and the complaint dismissed.
From the affidavit…
2Cases cited3 opinions
- Herbert Land Co. v. LorenzenAppellate Division of the Supreme Court of the State of New York · 1906
- Miller v. SamsonAppellate Terms of the Supreme Court of New York · 1914
- Anderson v. LazarowitzAppellate Terms of the Supreme Court of New York · 1913