Empire State Pickling Co. v. Pfister — 145 N.Y.S. 1122

Majority

p. 1122

EMPIRE STATE PICKLING CO., Respondent, v. PFISTER, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

January 14, 1914.)

Headnote

Action by the Empire State Pickling Company against Joseph F. Pfister.

Order ( 80 Misc. Rep. 162 , 141 N. Y. Supp. 817 ) affirmed, with $10 costs and disbursements, without prejudice to a new motion to open the default as a matter of favor, on showing merits. Plaintiff’s practice was regular.

KRUSE, P. J., dissents, 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.

Cases cited

Empire State Pickling Co. v. Pfister 80 Misc. Rep. 162 N.Y. Sup. Ct. p. 1122