Gotham Raincoat Co. v. Levey

Appellate Terms of the Supreme Court of New York

Gotham Raincoat Co. v. Levey

149 N.Y.S. 482

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 27, 1914

StatusPublished

Cited by1 cases

This text of 149 N.Y.S. 482 (Gotham Raincoat Co. v. Levey) 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

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

Pincite

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.

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Bluebook (online)

149 N.Y.S. 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gotham-raincoat-co-v-levey-nyappterm-1914.

Opinion

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