Krasne v. New York Rys. Co.

Appellate Terms of the Supreme Court of New York

Krasne v. New York Rys. Co.

140 N.Y.S. 355

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 7, 1913

StatusPublished

Cited by1 cases

This text of 140 N.Y.S. 355 (Krasne v. New York Rys. Co.) 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

Krasne v. New York Rys. Co., 140 N.Y.S. 355 (N.Y. Ct. App. 1913).

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Opinion

BIJUR, J.-

It appears by the affidavit of the plaintiff’s attorney that on the day set for trial the case was called at 9 o’clock in the-morning. Plaintiff was present in person with his witnesses. His attorney, however, suffered an “unforeseen delay” and did not reach the courtroom until 10 minutes later.

Under these circumstances, I think the default should have been opened and the judgment of dismissal vacated, as is hereby directed, upon payment by plaintiff to defendant of the costs of the action to date, but with costs of this appeal to abide the event. All concur.

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BIJUR, J.-

It appears by the affidavit of the plaintiff’s attorney that on the day set for trial the case was called at 9 o’clock in the-morning. Plaintiff was present in person with his witnesses. His attorney, however, suffered an “unforeseen delay” and did not reach the courtroom until 10 minutes later.

Under these circumstances, I think the default should have been opened and the judgment of dismissal vacated, as is hereby directed, upon payment by plaintiff to defendant of the costs of the action to date, but with costs of this appeal to abide the event. All concur.

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140 N.Y.S. 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krasne-v-new-york-rys-co-nyappterm-1913.

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