McNamara v. Hutchinson

This is an appeal from an order of the Supreme Court, entered November 1, 1968, in Rensselaer County, which *27opened respondents’ default in failing to restore the action to the calendar for trial within one year after it was marked ‘ off ’ ’ the said calendar, pursuant to the provisions of rule 2.17 of the Rules for Trial and Special Terms of Supreme Court, Third Judicial Department (22 NYCRR 861.17), -and restored the action to the day calendar.

As a result of an automobile accident which occurred on August 13, 1959 each of the plaintiffs-respondents instituted separate actions which were…