Walsh v. Ben Riley's Arrowhead Inn, Inc.

In an action to recover damages for an alleged breach of contract, order denying a motion to dismiss the complaint for lack of prosecution reversed, with $10 costs and disbursements, and motion granted. The action was commenced in June, 1953 and a note of issue was filed for the March, 1954 term. The case was called for trial in March, 1954 and marked off the calendar. Thereafter, it was again called, and again marked off in March, 1955. At the time the motion to dismiss was made, it had not been restored to the calendar. It was consequently deemed abandoned, and it was the duty of the clerk…