Appellate Division of the Supreme Court of New York, 1934

Goldstein v. Friedland

Goldstein v. Friedland
Appellate Division of the Supreme Court of New York · Decided April 15, 1934
241 A.D. 829
Goldstein v. Friedland

Opinion of the Court

Order 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.

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