Appellate Terms of the Supreme Court of New York, 1914

Cohen v. Ganz

Appellate Terms of the Supreme Court of New York · Decided December 4, 1914

150 N.Y.S. 88 (New York Supplement)

Counsel

Lyman A. Spalding, of New York City (Thomas J. Skelly, of New York City, of counsel), for appellant., Goldstein & Goldstein, of New York City (Abraham Cupton, of counsel), for respondent.

Opinion of the Court

PER CURIAM.

The default seems to have been the result of the carelessness of a clerk in the office of defendant’s attorney. The ap*89plication to open the default should, we think, have been granted upon terms.

Order affirmed, with costs, unless the defendant within five days will pay $10 costs and furnish an undertaking to secure the amount of the judgment rendered, in which event the order is reversed, default opened, judgment vacated, and a new trial ordered, with costs to the appellant to abide the event.

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