Berman

Statement of the Case

Plaintiff appeals from two minute orders made in consolidated superior court actions bearing numbers 832122 and 866166 respectively: (1) the order of August 13, 1968, granting the motion of defendant Klassman to set aside the default judgment entered on February 15, 1968, and (2) the order of September 18, 1968, denying plaintiff’s motion to reconsider and set aside the order of August 13, 1968. Embassy Club, a copartnership then composed of Klassman and one Henry Jacobs, was also a defendant and a default judgment was also taken against it. The partnership did not make a similar motion.

Action number 832122 was previously before this court on appeal by the defendants from a judgment, after trial, in favor of the plaintiff and against the defendants as prayed for in the complaint. This judgment was reversed upon the grounds of error in refusing to admit parol evidence offered on behalf of the defendants to show that the transactions upon which suit was brought were in fact usurious. (Cf. Berman v. Klassman, 2d Civ. 29307, unpublished opinion, filed 3/22/66, Rem. filed 5/2/66.)

The consolidated actions relate to plaintiff’s claim for monthly…