Quinn v. City of New York

This is a motion by defendant to vacate an order, assertedly entered ex parte, granting plaintiffs’ motion to vacate defendant’s notice to examine plaintiffs before trial and for a denial of the motion to vacate. The order attacked was not made ex parte, but was granted on default on the call of the motion calendar at Special Term, Part I. The primary question is whether there was truly a default on the part of defendant.

*117The action is against the City of New York to recover damages for an accident that occurred at the entrance to Pier 97, at the foot of 57th Street and North River in…