Weiss v. Forty-second Street, Manhattanville & St. Nicholas Avenue Railway Co.

This action came on for trial on November 16, 1922, in the Municipal Court. The plaintiff failed to appear whereupon his default was taken and the complaint dismissed, with thirty dollars costs. On March 17, 1924, more than a year thereafter, a motion was made by the plaintiff to vacate the dismissal and restore the cause to the trial calendar. This motion was denied without prejudice. Thereafter, a motion was made upon substantially the same papers upon which the previous motion was predicated to restore the cause to the trial calendar and was granted. This appeal is taken from the order…