Murphy v. Solomon

Motion to open the default, vacate the dismissal and to restore this action to the calendar.

*158This action was marked “preferred” on June 25, 1956 in conformance with the procedure in effect at that time. On October 2, 1957 it was marked “ off ” the calendar because no statement of readiness had been filed. On October 2, 1958, not having been restored to the calendar, it was dismissed automatically under rule 302 of the Buies of Civil Practice for failure to prosecute.

The accident occurred as a result of alleged negligent operation by defendant Solomon of a truck owned by defendant Seidenberg &…