Rothenberg v. Herman

PER CURIAM. The case presented on this appeal differs in its facts from Eichner v. Cohen, 91 N. Y. Supp. 357. In that case neither party appeared, and the cause fell of its own weight. Here there was an appearance on behalf of both parties, and a^ dismissal because plaintiff was not prepared to go on. There is no reason why, in such a case, a plaintiff may not move in the Municipal Court, as he may in any other, to be relieved of his default. Judgment affirmed, with costs.