Appellate Division of the Supreme Court of New York, 1955

Benn v. Baltimore & Ohio Railroad

Benn v. Baltimore & Ohio Railroad
Appellate Division of the Supreme Court of New York · Decided September 30, 1955
286 A.D. 992; 144 N.Y.S.2d 691; 1955 N.Y. App. Div. LEXIS 4866
Benn v. Baltimore & Ohio Railroad

Opinion of the Court

Memorandum: While it is the duty of counsel to be present or represented in court at the time his case is reached for trial, nevertheless it appears under the circumstances *993here that the defendant’s attorney was actually engaged in trial in another court and did not intentionally default in appearance. All concur. (Appeal from an order of Erie County Court denying defendant’s motion to vacate a default judgment.) Present — McCurn, P. J., Vaughan, Kimball, Wheeler and Van Duser, JJ.

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