Sonn v. Cy Rheims Corp. (270 A.D. 833, 1946)

The notice of trial and the note of issue placing the case on the calendar were served prior to the substitution of the administratrix of the deceased party (O’Brien v. Flynn, 228 App. Div. 704). Order reversed, with $20 costs and disbursements to the appellant and the motion to vacate the judgment granted. Present — Martin, P. J., Townley, Glennon, Callahan and Peck, JJ.; Glennon and Peck, JJ., dissent and vote to affirm. Settle order on notice. [See post, p. 840.]