Flaim v. Lehigh Valley Railroad

Order affirmed, with ten dollars costs and disbursements. The order granted at Special Term was, in effect, the opening of a default occurring on a trial where the plaintiff’s attorney was taken ill during the course of the trial; and a motion for adjournment was denied and the complaint dismissed before the plaintiff had rested. Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur.