Niewiadowski v. Kulp-Waco, Inc. (279 A.D. 974, 1952)

New York Supreme Court, Appellate Division 1952-03-12

Citations

Full opinion text

Memorandum: The motion on which the order was granted

was to restore the case to the calendar, it having been dismissed under rule 302 of the Rules of Civil Practice. The motion does not lie. The remedy, if any, was a motion to open the default. (See Klein v. Vernon Lbr. Corp., 269 App. Div. 71.) All concur. (Appeal from order granting plaintiff’s motion to restore cause to foot of the Held Calendar.) Present — Taylor, P. J., McCum, Vaughan, Kimball and Wheeler, JJ.