Appellate Terms of the Supreme Court of New York, 1905

Rothenberg v. Herman

Rothenberg v. Herman
Appellate Terms of the Supreme Court of New York · Decided May 23, 1905
94 N.Y.S. 6 (New York Supplement)

Counsel

Stanislaus N. Tuckman, for appellant., David W. Rockmore, for respondent.

Rothenberg v. Herman

Opinion of the Court

PER CURIAM.

The case presented on this appeal differs in its facts from Eichner v. Cohen, 91 N. Y. Supp. 357. In that case neither party appeared, and the cause fell of its own weight. Here there was an appearance on behalf of both parties, and a^ dismissal because plaintiff was not prepared to go on. There is no reason why, in such a case, a plaintiff may not move in the Municipal Court, as he may in any other, to be relieved of his default.

Judgment affirmed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.