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Fingerman v. Bay State Clothing Co.

73 N.Y.S. 1135 Court N.Y. App. Div. Decision date 1901-12-05 English

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p. 1135
FINGERMAN, Respondent, v. BAY STATE CLOTHING CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
December 5, 1901.)

Headnote

Action by Jacob Fingerman against the Bay State Clothing Company. From an order denying defendant’s motion to open its default at the trial of the case, it appeals. Reversed on terms. Morris H. Hay-man for appellant. Robert H. Roy, for respondent.

While the circumstances attending the default in this case, and the vague statements of the defendant’s counsel, Who permitted the same, justly subjected him to criticism by; the special term, we have determined. in view of the perhaps serious consequences to his client, to open the default upon the following terms: The defendant, within 10 days from the entry of this order, must pay to the plaintiff the costs and disbursements of the trial or inquest, together with $10 costs and disbursements of this appeal, and $10 costs of the motion to open the default; the judgment herein to stand as security.