Spector v. Gropper

Appellate Terms of the Supreme Court of New York

Spector v. Gropper

129 N.Y.S. 464

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 22, 1911

StatusPublished

This text of 129 N.Y.S. 464 (Spector v. Gropper) 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

Spector v. Gropper, 129 N.Y.S. 464 (N.Y. Ct. App. 1911).

Pincite

Opinion

LEHMAN, J.

The affidavits presented on behalf of the tenant show that his witnesses were unavoidably detained, and their absence from the courthouse when-the case was called was without fault on their part or the part of the tenant. The answering affidavits are not credible, and I feel that the affiants are mistaken when they state that the witnesses were in the courthouse at the very time that the tenant’s attorney was asking an adjournment on account of their absence.

The order should be reversed, the judgment and final order vacated, and a new trial ordered, with costs to appellant to abide the event. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

LEHMAN, J.

The affidavits presented on behalf of the tenant show that his witnesses were unavoidably detained, and their absence from the courthouse when-the case was called was without fault on their part or the part of the tenant. The answering affidavits are not credible, and I feel that the affiants are mistaken when they state that the witnesses were in the courthouse at the very time that the tenant’s attorney was asking an adjournment on account of their absence.

The order should be reversed, the judgment and final order vacated, and a new trial ordered, with costs to appellant to abide the event. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

129 N.Y.S. 464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spector-v-gropper-nyappterm-1911.