Weinberg v. Frank

The proceedings returned by the justice took place after the order was made setting aside defendant’s default, but before that order had been reversed by this court. Upon the reversal of the order all of the proceedings which have been taken thereunder before the appeal was determined, fell with it.. It follows that the judgment must be reversed.

Present: Beekman, P. J.; Gildebsleeve and Giegebich, JJ.

Judgment reversed with costs.