Rothenberg v. Herman

Appellate Terms of the Supreme Court of New York

Rothenberg v. Herman

94 N.Y.S. 6

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 23, 1905

StatusPublished

This text of 94 N.Y.S. 6 (Rothenberg v. Herman) 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

Rothenberg v. Herman, 94 N.Y.S. 6 (N.Y. Ct. App. 1905).

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Opinion

PER CURIAM.

The case presented on this appeal differs in its facts from Eichner v. Cohen, 91 N. Y. Supp. 357. In that case neither party appeared, and the cause fell of its own weight. Here there was an appearance on behalf of both parties, and a^ dismissal because plaintiff was not prepared to go on. There is no reason why, in such a case, a plaintiff may not move in the Municipal Court, as he may in any other, to be relieved of his default.

Judgment affirmed, with costs.

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PER CURIAM.

The case presented on this appeal differs in its facts from Eichner v. Cohen, 91 N. Y. Supp. 357. In that case neither party appeared, and the cause fell of its own weight. Here there was an appearance on behalf of both parties, and a^ dismissal because plaintiff was not prepared to go on. There is no reason why, in such a case, a plaintiff may not move in the Municipal Court, as he may in any other, to be relieved of his default.

Judgment affirmed, with costs.

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Bluebook (online)

94 N.Y.S. 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rothenberg-v-herman-nyappterm-1905.

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