Taylor v. Graci

Appellate Division of the Supreme Court of New York

Taylor v. Graci

1 A.D.2d 790, 148 N.Y.S.2d 320, 1956 N.Y. App. Div. LEXIS 6527

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

DecidedJanuary 30, 1956

StatusPublished

This text of 1 A.D.2d 790 (Taylor v. Graci) 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

Taylor v. Graci, 1 A.D.2d 790, 148 N.Y.S.2d 320, 1956 N.Y. App. Div. LEXIS 6527 (N.Y. Ct. App. 1956).

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Opinion

In an action to recover damages for personal injuries, the appeal is from an order denying appellant’s motion to vacate the dismissal of the action on the call of a Special Pretrial Calendar and to restore it to the Deferred Calendar. Order reversed, without costs, and motion granted. The case had been deferred and therefore was improperly placed on the Special Pretrial Calendar. In the light of the deferment, the excusable nature of the default and the apparent failure of either party to answer said call, the cause should be restored to its deferred position. Nolan, P. J., Wenzel, Beldock, Murphy and Kleinfeld, JJ., concur.

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In an action to recover damages for personal injuries, the appeal is from an order denying appellant’s motion to vacate the dismissal of the action on the call of a Special Pretrial Calendar and to restore it to the Deferred Calendar. Order reversed, without costs, and motion granted. The case had been deferred and therefore was improperly placed on the Special Pretrial Calendar. In the light of the deferment, the excusable nature of the default and the apparent failure of either party to answer said call, the cause should be restored to its deferred position. Nolan, P. J., Wenzel, Beldock, Murphy and Kleinfeld, JJ., concur.

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Bluebook (online)

1 A.D.2d 790, 148 N.Y.S.2d 320, 1956 N.Y. App. Div. LEXIS 6527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-graci-nyappdiv-1956.