Gotham Raincoat Co. v. Levey

Appellate Terms of the Supreme Court of New York

Gotham Raincoat Co. v. Levey

149 N.Y.S. 482

Appellate Terms of the Supreme Court of New York·Decided October 27, 1914·Published·Cited by 1 cases

Opinion

BIJUR, J.

It is not denied that the default was taken at a time when plaintiff’s counsel was engaged in the trial of a case in the Supreme Court and that due proof of that fact was submitted to the trial court.

The order, therefore, should be modified, by striking therefrom the condition of the payment of costs, and, as so modified, affirmed, with $10 costs and disbursements to the appellant. All concur.

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BIJUR, J.

It is not denied that the default was taken at a time when plaintiff’s counsel was engaged in the trial of a case in the Supreme Court and that due proof of that fact was submitted to the trial court.

The order, therefore, should be modified, by striking therefrom the condition of the payment of costs, and, as so modified, affirmed, with $10 costs and disbursements to the appellant. All concur.

Gotham Raincoat Co. v. Levey, 149 N.Y.S. 482 (N.Y. Ct. App. 1914).

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Opinion

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