Weg v. Highland Telephone Co.

Appellate Division of the Supreme Court of New York

Weg v. Highland Telephone Co.

31 A.D.2d 897, 297 N.Y.S.2d 842, 1969 N.Y. App. Div. LEXIS 4486

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

DecidedMarch 4, 1969

StatusPublished

This text of 31 A.D.2d 897 (Weg v. Highland Telephone Co.) 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

Weg v. Highland Telephone Co., 31 A.D.2d 897, 297 N.Y.S.2d 842, 1969 N.Y. App. Div. LEXIS 4486 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order dated June 12, 1968, granting plaintiff’s motion ,to vacate the dismissal and restore the cause to the original position it held on the calendar is unanimously reversed, on the law and on the facts, and the motion is denied, with $30 costs and disbursements to the defendants-appellants. Plaintiff made the aforesaid motion on May 16, 1968. The cause was marked off as abandoned when the April, 1967 calendar call was not answered. Plaintiff claims an oversight by his calendar service, and that he did not discover that the case "was marked off until July 20, 1967, when he inquired as to the status of the action. Be .that as it may, despite such knowledge as of July, 1967, it was not until May 1, 1968 that plaintiff contacted opposing counsel with respect to arranging a stipulation returning the case to the calendar. Ho satisfactory explanation is offered to excuse the prolonged delay in seeking to restore the ease. Accordingly, the motion must ibe denied. Concur—'Eager, J. P., Markewich, Rabin and McHally, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order dated June 12, 1968, granting plaintiff’s motion ,to vacate the dismissal and restore the cause to the original position it held on the calendar is unanimously reversed, on the law and on the facts, and the motion is denied, with $30 costs and disbursements to the defendants-appellants. Plaintiff made the aforesaid motion on May 16, 1968. The cause was marked off as abandoned when the April, 1967 calendar call was not answered. Plaintiff claims an oversight by his calendar service, and that he did not discover that the case "was marked off until July 20, 1967, when he inquired as to the status of the action. Be .that as it may, despite such knowledge as of July, 1967, it was not until May 1, 1968 that plaintiff contacted opposing counsel with respect to arranging a stipulation returning the case to the calendar. Ho satisfactory explanation is offered to excuse the prolonged delay in seeking to restore the ease. Accordingly, the motion must ibe denied. Concur—'Eager, J. P., Markewich, Rabin and McHally, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

31 A.D.2d 897, 297 N.Y.S.2d 842, 1969 N.Y. App. Div. LEXIS 4486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weg-v-highland-telephone-co-nyappdiv-1969.