Solomon v. Terlizzi

Appellate Division of the Supreme Court of New York

Solomon v. Terlizzi

15 A.D.2d 802, 224 N.Y.S.2d 702, 1962 N.Y. App. Div. LEXIS 11611

Appellate Division of the Supreme Court of the State of New York·Decided February 13, 1962·Published·Cited by 3 cases

Opinion

While plaintiff was entitled to the relief granted, nevertheless under the circumstances disclosed by the record before us defendant is also entitled to be reimbursed, to the extent of $100, for the extra expense and work to which he and his attorney have been put by reason of plaintiff’s default in appearing for trial on the adjourned day. Payment of this sum should be made before the judgment is vacated and the action restored for trial. Beldoek, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.

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While plaintiff was entitled to the relief granted, nevertheless under the circumstances disclosed by the record before us defendant is also entitled to be reimbursed, to the extent of $100, for the extra expense and work to which he and his attorney have been put by reason of plaintiff’s default in appearing for trial on the adjourned day. Payment of this sum should be made before the judgment is vacated and the action restored for trial. Beldoek, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.

Solomon v. Terlizzi, 15 A.D.2d 802, 224 N.Y.S.2d 702, 1962 N.Y. App. Div. LEXIS 11611 (N.Y. Ct. App. 1962).

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Opinion

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