Hyperlawhypertext legal database Niewiadowski v. Kulp-Waco, Inc. 279 A.D. 974

← Cases

Niewiadowski v. Kulp-Waco, Inc.

279 A.D. 974 Court N.Y. App. Div. Decision date 1952-03-12 English

Contents

Majority

p. 974
Bruno Niewiadowski, Respondent, v. Kulp-Waco, Inc., et al., Appellants.

Memorandum: The motion on which the order was granted

was to restore the case to the calendar, it having been dismissed under rule

p. 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.