Opinion
March 21, 1949.
Present — Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ. [See post, p. 782.]
Appeal from a judgment setting aside and canceling a certain agreement and lease. Judgment unanimously affirmed, with costs. The judgment was not entered on default, and an appeal lies therefrom. ( Citizens Trust Co. v. Prescott Son, 221 App. Div. 426. ) However, on this record, there was no abuse of discretion on the part of the trial court in refusing appellants' request for an adjournment.