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Order unanimously reversed and motion denied, with $20 costs and disbursements to appellants. The long history of this litigation is one of delay and inattention on plaintiff’s part. Opening the last of many defaults and restoring the case to the calendar after it had been dismissed for failure to answer the clerk’s call more than a year before was not a sound exercise of discretion. Present — Peck, P. J., Cohn, Callahan, Bastow and Rabin, JJ. [See post, p. 1024.]
Document Info
Filed Date: 2/15/1955
Precedential Status: Precedential
Modified Date: 10/28/2024