Lightner v. Hartmann-Blanchard Co.

The defendant’s time in which to make and serve a proposed case on appeal having expired the plaintiff moved under rule 33 of the General Buies of Practice for an order declaring that the defendant had waived its right to make a ease. The defendant filed opposing affidavits to the motion but did not ask therein that its default be opened or that its time to make a case be extended and advanced no reason as to why it had not applied for an extension of time prior to its default, which is an essential element of an application for relief. Gamble v. Lennon, 9 App. Div. 407. Nevertheless the…