Miller v. Mayer

Appellate Terms of the Supreme Court of New York

Miller v. Mayer

151 N.Y.S. 236

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 7, 1915

StatusPublished

This text of 151 N.Y.S. 236 (Miller v. Mayer) 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

Miller v. Mayer, 151 N.Y.S. 236 (N.Y. Ct. App. 1915).

Pincite

Opinion

BIJUR, J.

It appears from the record, and is not denied by plaintiff, that when this case was called for trial an affidavit was presented to the trial judge showing that defendant’s attorney was then engaged in the trial of a case in the Court of General Sessions. As defendant was thereupon entitled to an adjournment of his case to await the release of his counsel from that engagement, the default was taken without justification.

Order opening default modified, so as to provide that the motion is granted without terms, and without costs of motion, and, as modified, affirmed. Judgment vacated, and new trial ordered, with costs to appellant to abide the event. All concur.

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BIJUR, J.

It appears from the record, and is not denied by plaintiff, that when this case was called for trial an affidavit was presented to the trial judge showing that defendant’s attorney was then engaged in the trial of a case in the Court of General Sessions. As defendant was thereupon entitled to an adjournment of his case to await the release of his counsel from that engagement, the default was taken without justification.

Order opening default modified, so as to provide that the motion is granted without terms, and without costs of motion, and, as modified, affirmed. Judgment vacated, and new trial ordered, with costs to appellant to abide the event. All concur.

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Bluebook (online)

151 N.Y.S. 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-mayer-nyappterm-1915.