Greene v. Mindon Construction Corp.

The third-party defendant, hereinafter called Mishkin, moves to vacate a judgment rendered after trial in favor of the plaintiff, Greene, against the defendant and third-party plaintiff, Mindon, which, because of Mishkin’s default on the trial was rendered over in favor of Mindon against Mishkin.

The action had been at issue several years. In February it was on the Beady Calendar and on Mishkin’s behalf it was adjourned. This occurred monthly thereafter until June 1, 1959 when it was set down peremptorily for trial on June 15.

Mishkin’s former attorney, because of a public position he assumed…