RENEE v. PETERFREUND


3 A.D.2d 738 (1957)

Joyce Renee, Also Known as Joyce R. Wasserman, Appellant, v. Joshua Peterfreund et al., Respondents

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

March 19, 1957


Dismissal of the complaint on the call of the calendar was justified since plaintiff failed to show by proper papers a reasonable excuse for the adjournment sought. The papers submitted on subsequent motions to open the default were likewise wholly inadequate. We, therefore, agree with the disposition made below. However, since there was a claim of illness made and nothing was shown to contradict it, plaintiff should be given the further opportunity to establish that she...

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