Reiter v. Miller

Appellate Terms of the Supreme Court of New York

Reiter v. Miller

155 N.Y.S. 307

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 3, 1915

StatusPublished

This text of 155 N.Y.S. 307 (Reiter v. Miller) 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

Reiter v. Miller, 155 N.Y.S. 307 (N.Y. Ct. App. 1915).

Pincite

Opinion

BIJUR, J.

It appears without contradiction, and without question of the good faith of defendants or their attorneys, that the latter was, at the time this case was called for trial in the Municipal Court, actually engaged in trying another case before a justice of the Supreme Court and a jury. The latter case had been begun the afternoon before, and was ultimately finished on the day of the default. These circumstances having been adequately presented by a sufficient affidavit, the case should have been held until the termination of the trial in the Court.

Order reversed, and default opened without terms, and without costs of this appeal. All concur.

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BIJUR, J.

It appears without contradiction, and without question of the good faith of defendants or their attorneys, that the latter was, at the time this case was called for trial in the Municipal Court, actually engaged in trying another case before a justice of the Supreme Court and a jury. The latter case had been begun the afternoon before, and was ultimately finished on the day of the default. These circumstances having been adequately presented by a sufficient affidavit, the case should have been held until the termination of the trial in the Court.

Order reversed, and default opened without terms, and without costs of this appeal. All concur.

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Bluebook (online)

155 N.Y.S. 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reiter-v-miller-nyappterm-1915.