UNTERMAN v. UNTERMAN


279 A.D. 572 (1951)

Anne Unterman, Appellant, v. Irving Unterman et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

October 16, 1951.


On all the facts and circumstances disclosed, the trial court in the exercise of sound discretion should not have forced trial of defendant's defenses in the absence of plaintiff who had a reasonable excuse and thereafter should not have dismissed the complaint and granted judgment for defendant, although defendant had admitted the material allegations of the complaint.

Order denying plaintiff's motion to open the default unanimously reversed, with costs to the appellant...

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