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Memorandum: The motion on which the order was granted
was to restore the case to the calendar, it having been dismissed under rule
*975 302 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.
Document Info
Citation Numbers: 279 A.D. 974
Filed Date: 3/12/1952
Precedential Status: Precedential
Modified Date: 1/12/2023