McShan v. Dilbert's Quality Supermarkets, Inc.

In a negligence action to recover damages for personal injuries, which action was automatically dismissed pursuant to CPLR 3404, defendants appeal from an order of the Supreme Court, Kings County, dated March 3, 1969, which granted plaintiff’s motion to open his default, vacate the dismissal and restore the action to the Trial Calendar. Order reversed, on the law and the facts, with $10 costs and disbursements, and motion denied. In support of plaintiff’s motion to be relieved of his default in failing to appear at a pretrial calendar call, which default eventually resulted in an automatic…