WOLF v. SCHENKER


2 Misc.2d 63 (1956)

Saul Wolf et al., Respondents, v. Lillian Schenker, Defendant, and Jacob Hurwitz, Appellant.

Supreme Court, Appellate Term, First Department.

February 23, 1956.


Attorney(s) appearing for the Case

Nathan Finkelstein for appellant.

Sidney Pollack for respondents.

HOFSTADTER, EDER and TILZER, JJ., concur.


Per Curiam.

We are constrained, despite the evident delaying tactics of defendant, to grant his motion to vacate the judgment entered upon his default without any conditions attached. The mere fact that a defendant does know of his attorney's death and an adjournment be granted for several months for him to engage another attorney does not relieve the adverse party from the necessity of giving him 30 days' notice to appoint another attorney as required by section...

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