Because defendant's motion was met, on the return date, with an application for an adjournment due to counsel's actual engagement in the Court of Appeals, we deem the order not to have been entered on appellant's default, the characterization by Special Term to the contrary notwithstanding. The court should have allowed the adjournment. Moreover, it should have denied the application on its merits. Not only does the direction to pay for private schooling conflict with the...
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