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Dietz v. Weisthal

Supreme Court, Appellate Term, First Department
Mar 15, 1928
131 Misc. 597 (N.Y. App. Term 1928)

Opinion

March 15, 1928.

Appeal from the Municipal Court, Borough of Manhattan, Fourth District.

Hecht Glaser, for the appellant.

Benjamin B. Weinberg, for the respondent.


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.


Summaries of

Dietz v. Weisthal

Supreme Court, Appellate Term, First Department
Mar 15, 1928
131 Misc. 597 (N.Y. App. Term 1928)
Case details for

Dietz v. Weisthal

Case Details

Full title:MICHAEL DIETZ, Respondent, v. ALFRED WEISTHAL, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Mar 15, 1928

Citations

131 Misc. 597 (N.Y. App. Term 1928)
227 N.Y.S. 568

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