Sutter v. City of New York

Citations

• 106 A.D. 129
• 94 N.Y.S. 515

Syllabus

<p>Yacation of a judgment, taken where the defendant’s counsel refused, after moving for a postponement, to proceed — when an application therefor should he denied.</p> <p>Nine similar cases against the city of New York came on for trial at the Special Term, both sides having announced themselves ready. At the conclusion of the evidence in the first case, the justice presiding announced that he would decide in favor of the plaintiff and reserve the question of damages for further consideration. The counsel for the defendant thereupon moved for a postponement of the other eight cases, on the ground that the ruling of the court operated to deny the defendant its day in court, and that its interests would be preju-.iced by a trial of the remaining eight causes before the justice. This motion being denied, the defendant’s counsel refused to proceed and permitted inquests to be taken in each of the remaining eight cases.</p> <p>Held, that it was improper for the court to vacate the judgments rendered in the actions in which inquests were taken;</p> <p>That the reason given for refusing to proceed with the trial of the cases did not, under the circumstances, commend itself to the court;</p> <p>That the defendant had not been denied its day in court.</p>