Opinion
September 30, 1955.
Appeal from Erie County Court.
Present — McCurn, P.J., Vaughan, Kimball, Wheeler and Van Duser, JJ.
Order reversed as a matter of discretion, without costs of this appeal to either party, and motion granted, without costs. Memorandum: While it is the duty of counsel to be present or represented in court at the time his case is reached for trial, nevertheless it appears under the circumstances here that the defendant's attorney was actually engaged in trial in another court and did not intentionally default in appearance. All concur.