Ryan v. Hornblass

This is an appeal by the defendant from an order of the City Court of Buffalo restoring this case to the ready calendar. The action was commenced in 1924. Not being tried when reached, it was placed upon the reserved calendar. In 1930, according to a notation upon the “ minute slip ” of the court, it was “ dismissed reserved calendar two years ” by the clerk. In 1933 on motion by the plaintiff the order appealed from was granted.

Rule 12 of the City Court of Buffalo provides: “ After a cause has been upon the reserved calendar for the period of two years, and has not been removed therefrom…