Cohen v. Pasinsky

Appellate Terms of the Supreme Court of New York

Cohen v. Pasinsky

123 N.Y.S. 979

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 24, 1910

StatusPublished

This text of 123 N.Y.S. 979 (Cohen v. Pasinsky) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cohen v. Pasinsky, 123 N.Y.S. 979 (N.Y. Ct. App. 1910).

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Opinion

GUY, J.

This case was adjourned by agreement of counsel to December 29, 1909, but by direction of the trial justice was set down for .the 28th of December. It appears from the affidavit of defendant’s counsel that he was not notified until the afternoon of December 27th, that the case had been set down for trial on the 28th, and that it was impossible for him to then properly prepare for trial on the following [980]*980day. The affidavit of merits discloses a good defense, if established, and the defendant has evidently acted in good faith throughout. The motion to open the default should have been granted.

The order appealed from should be reversed, and a new trial granted, with costs to appellant to abide the event. All concur.

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GUY, J.

This case was adjourned by agreement of counsel to December 29, 1909, but by direction of the trial justice was set down for .the 28th of December. It appears from the affidavit of defendant’s counsel that he was not notified until the afternoon of December 27th, that the case had been set down for trial on the 28th, and that it was impossible for him to then properly prepare for trial on the following [980]*980day. The affidavit of merits discloses a good defense, if established, and the defendant has evidently acted in good faith throughout. The motion to open the default should have been granted.

The order appealed from should be reversed, and a new trial granted, with costs to appellant to abide the event. All concur.

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Bluebook (online)

123 N.Y.S. 979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-pasinsky-nyappterm-1910.