JOSEPH v. KALMANOWITZ


278 A.D. 575 (1951)

Rose Joseph, Respondent, v. Ruth Kalmanowitz et al., Appellants

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

January 15, 1951.


Judgment and order reversed on the law and the facts, without costs, and appellants' motion to vacate their default and to set the case down for trial granted, without costs.

It is our opinion that in the interest of justice a trial of the issues should be had, with both parties represented by counsel throughout. Under the circumstances here disclosed, the court should not have directed an inquest in the absence of appellants' counsel, who was then in consultation...

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