Appellate Terms of the Supreme Court of New York, 1914

Gotham Raincoat Co. v. Levey

Appellate Terms of the Supreme Court of New York · Decided October 27, 1914 · Bijur

149 N.Y.S. 482 (New York Supplement)

Counsel

Spiro & Wasservogel, of New York City (Abraham I. Spiro, of New York City, of counsel), for appellant., Lester W. Eisenberg, of New York City (Arthur C. Mandel, of New York City, of counsel), for respondent.

Opinion of the Court

BIJUR, J.

It is not denied that the default was taken at a time when plaintiff’s counsel was engaged in the trial of a case in the Supreme Court and that due proof of that fact was submitted to the trial court.

The order, therefore, should be modified, by striking therefrom the condition of the payment of costs, and, as so modified, affirmed, with $10 costs and disbursements to the appellant. All concur.

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