Jacobs v. Musial

Appellate Division of the Supreme Court of New York

Jacobs v. Musial

20 A.D.2d 967, 251 N.Y.S.2d 432, 1964 N.Y. App. Div. LEXIS 4047

Appellate Division of the Supreme Court of the State of New York·Decided April 10, 1964·Published·Cited by 1 cases

Opinion

Order unanimously reversed, with costs, and motion granted, without costs. Memorandum: — The order denied a motion by plaintiff to restore ease to Trial Calendar pursuant to rule XII of the Rules of Supreme Court for Erie County made within six months from the date it was marked off the calendar. No affidavits were filed in opposition thereto. Upon this record the motion should have been granted. (Appeal from order of Supreme Court [Erie Calendar Part] denying plaintiff’s application to place the case on the Trial Calendar.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Veeehio, JJ.

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Order unanimously reversed, with costs, and motion granted, without costs. Memorandum: — The order denied a motion by plaintiff to restore ease to Trial Calendar pursuant to rule XII of the Rules of Supreme Court for Erie County made within six months from the date it was marked off the calendar. No affidavits were filed in opposition thereto. Upon this record the motion should have been granted. (Appeal from order of Supreme Court [Erie Calendar Part] denying plaintiff’s application to place the case on the Trial Calendar.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Veeehio, JJ.

Jacobs v. Musial, 20 A.D.2d 967, 251 N.Y.S.2d 432, 1964 N.Y. App. Div. LEXIS 4047 (N.Y. Ct. App. 1964).

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