Korenman v. Blauner

Appellate Terms of the Supreme Court of New York

Korenman v. Blauner

113 N.Y.S. 736

Appellate Terms of the Supreme Court of New York·Decided December 16, 1908·Published

Opinion

PER CURIAM.

Even if the papers showed a meritorious defense, which they do not, the motion to open the default was properly denied because of the defendants’ inexcusable and unexplained conduct in answering the case “Ready” day after day, and holding the plaintiff and his witnesses in court, during all of which time the defendants had, or should have had, knowlédge of the absence of the witness who they now claim was necessary to their defense.

Order affirmed, with $10 costs and disbursements.

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PER CURIAM.

Even if the papers showed a meritorious defense, which they do not, the motion to open the default was properly denied because of the defendants’ inexcusable and unexplained conduct in answering the case “Ready” day after day, and holding the plaintiff and his witnesses in court, during all of which time the defendants had, or should have had, knowlédge of the absence of the witness who they now claim was necessary to their defense.

Order affirmed, with $10 costs and disbursements.

Korenman v. Blauner, 113 N.Y.S. 736 (N.Y. Ct. App. 1908).

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