Dietz v. Weisthal

Defendant’s counsel having been actually engaged in the trial of a case in the Supreme Court and having presented an affidavit to the court, defendant was entitled to an adjournment.

The order opening the default is modified by striking out the terms imposed, and as so modified is affirmed, with ten dollars costs to appellant to abide the event.

All concur; present, Lydon, Levy and Crain, JJ.