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Empire State Pickling Co. v. Pfister

161 A.D. 909 Court N.Y. App. Div. English

Contents

Majority

p. 909
Empire State Pickling Company, Respondent, v. Joseph F. Pfister, Appellant.

Order affirmed, with ten dollars costs and disbursements,

p. 910
without prej udice to a new motion to open the default as a matter of favor on showing merits. Held, that plaintiff’s practice was regular. All concurred, except Kruse, P. J., who dissented upon the following grounds: First, that the notice of trial is defective and insufficient as to form and manner of service; second, that in any event judicial discretion requires the opening of the judgment.