Opinion
May 20, 1952.
Present — Peck, P.J., Dore, Cohn, Van Voorhis and Shientag, JJ.
According to the representation made to the Surrogate in the application for a postponement of the trial, the application was necessitated by circumstances beyond appellants' control. Those circumstances were principally the withdrawal from the litigation of appellants' former attorneys in a letter of January 10, 1952, quoted from in the moving papers. That letter, which was the basis of the application for a postponement, was handed up upon the argument of this appeal, with consent of counsel, and is considered a part of the record on appeal. Decree unanimously affirmed, with costs to respondents. Appellants may move, if so advised, before the Surrogate to open their default on good cause shown. We do not suggest, by giving such leave, how the Surrogate should rule upon any application which may be made. We simply do not foreclose such application.