People v. Felstein

BIJUR, J.

It appearing without contradiction that the default was incurred, owing to the absence of defendant’s counsel, because of two engagements on the day calendar of the Appellate Division, and that such absence was fully explained and sufficiently excused by an adequate affidavit presented to the trial justice, who permitted default to be taken, the order appealed from is reversed, with costs of this appeal, and the motion to open the default granted. All concur.