Decker v. Norton, Lilly & Co.

Plaintiff moves for an order vacating the order of preclusion heretofore entered on default and for a disposition on the merits of defendant’s motion to preclude. The court is satisfied from the moving affidavit that plaintiff’s default was inadvertent and caused solely by a misunderstanding on the original return date with respect to the adjournment. Accordingly the motion to vacate the denial is granted and the court will concern itself with the merits of the motion.

Before the services of the notice of motion plaintiff served a bill of particulars which defendant failed to return, nor was a…