Appellate Terms of the Supreme Court of New York, 1909

Alexander v. Costello

Appellate Terms of the Supreme Court of New York · Decided February 5, 1909

114 N.Y.S. 799 (New York Supplement)

Counsel

Herman B. Goodstein, for appellant., Eawrence E. Brown, for respondent.

Opinion of the Court

PER CURIAM.

This is an appeal' from a judgment rendered in favor of the defendant dismissing the complaint, and from an order *800denying the plaintiff’s motion to open his alleged default. As the plaintiff’s attorney failed to present a legal excuse for withdrawing, from the trial, and in view of the fact that the complaint was not dismissed upon the merits, the judgment and order appealed from are affirmed, with costs. All concur.

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