WATTS v. ENCORE MUSIC PUBL'N, INC.


5 A.D.2d 974 (1958)

Grady Watts et al., Respondents, v. Encore Music Publications, Inc., Appellant

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

April 1, 1958


The explanation given by the defendant for its failure to appear on the day the inquest was ordered was not an unreasonable one. There was no indication of an intention not to defend this action. The two short adjournments requested by the defendant were occasioned by a change of counsel and that change cannot be said to have been made for the purpose of delay. At all other times the defendants stood ready for trial. We, therefore, believe that the default should be opened...

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