Gideon v. Dwyer — 75 N.Y. St. Rep. 1485

Majority

p. 1485

Gideon, Appellant, v. Dwyer, Respondent.

(Supreme Court, Appellate Division, First Department.

June, 1896.)

Headnote

Action by David Gideon against Philip J. Dwyer.

—The court, having control over its own judgments, decided that, in furtherance of justice, this case should be heard on the merits ( 40 N. Y. Supp. 1053 ); there being an excuse presented, and a defense alleged to exist. No abuse of discretion is shown, and the terms imposed are more than an indemnity to the plaintiff for the expenses to

p. 1486

which he has been put, and the delay he has suffered. The order should be affirmed, with $10 costs and disbursements.