Appellate Division of the Supreme Court of New York, 1914

Empire State Pickling Co. v. Pfister

Empire State Pickling Co. v. Pfister
Appellate Division of the Supreme Court of New York · Decided January 15, 1914
161 A.D. 909
Empire State Pickling Co. v. Pfister

Opinion of the Court

Order affirmed, with ten dollars costs and disbursements, *910without prej udice to a new motion to open the default as a matter of favor on showing merits. Held, that plaintiff’s practice was regular. All concurred, except Kruse, P. J., who dissented upon the following grounds: First, that the notice of trial is defective and insufficient as to form and manner of service; second, that in any event judicial discretion requires the opening of the judgment.

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