NUSSBAUM v. SCHWAGER


33 Misc.2d 450 (1961)

Samuel Nussbaum, Appellant, v. Mortimer Schwager et al., Individually and as Copartners Trading as Schwager, Landau & Krantz, Respondents.

Supreme Court, Appellate Term, First Department.

April 6, 1961


Attorney(s) appearing for the Case

Hyman Frank for appellant. Hamilton Lieb, H. Sidney Landau and Irving Krantz for respondents.

Concur — HECHT, J. P., HOFSTADTER and GOLD, JJ.


Per Curiam.

The action of defendants, who are attorneys, in walking out of the courtroom after being directed to proceed to trial on a case which had been marked "Peremptorily against defendants" on their own consent, constituted a willful abandonment and not a default.

Moreover, the same affidavit that was submitted to the Trial Judge, who rejected the excuse offered therein as a basis for adjournment, was...

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