¶1Order reversed on the law and the facts, with ten dollars costs and disbursements, and motion to open plaintiff’s default, to vacate order dismissing his complaint and to restore the case to the Trial Term calendar denied, with ten dollars costs. The granting of this motion was an abuse of discretion. The delay in bringing this case to trial is inexcusable. Lazansky, P. J., Young, Hagarty and Davis, JJ., concur; Kapper, J., dissents and votes to affirm.
241 A.D. 829
Goldstein v. Friedland
Appellate Division of the Supreme Court of the State of New York
Decided April 15, 1934
Appellate Division of the Supreme Court of the State of New York · decided 1934-04-15
Decided 1934-04-15