Ellery v. Bendet

Appellate Terms of the Supreme Court of New York

Decided May 15, 1900

Appellate Terms of the Supreme Court of New York · decided 1900-05-15

<p>Appeal from an order of the Municipal Court of the city of Eew Tork, for the fifth judicial district, opening the default of' the defendant.</p>

Decided 1900-05-15

Per Ouriam.

¶1The order opening the default is reversed, with costs. Eo legal excuse was given for opening the default, especially in view of the fact of the numerous adjournments of the trial of the action that had been had at the request of the defendant.

¶2Present: Truax, P. J., Scott and Dugro, JJ.

¶3Order reversed, with costs.