Niewiadowski v. Kulp-Waco, Inc.

Appellate Division of the Supreme Court of New York

Niewiadowski v. Kulp-Waco, Inc.

279 A.D. 974

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 12, 1952

StatusPublished

This text of 279 A.D. 974 (Niewiadowski v. Kulp-Waco, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Niewiadowski v. Kulp-Waco, Inc., 279 A.D. 974 (N.Y. Ct. App. 1952).

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Opinion

Memorandum: The motion on which the order was granted

was to restore the case to the calendar, it having been dismissed under rule [975]*975302 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.

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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]*975302 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.

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279 A.D. 974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/niewiadowski-v-kulp-waco-inc-nyappdiv-1952.

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