Da Rin v. Cardone

Per Curiam.

No adequate excuse for failure to move to restore the case within the one-year period provided in subdivision (c) of rule XV of the Rules of the City Court of the City of New York was given. Therefore no discretion existed to grant the relief.

The. order should be reversed, with $10 costs and disbursements, and motion denied.

Concur — Hecht, J. P., Steuer and Tilzeb, JJ.

Order reversed, etc.