Molampy v. Valestian

The above-entitled action was commenced by the service of a summons dated March 30, 1956.

Sometime thereafter, another action was brought in the City Court of Rome, Oneida County, New York wherein Jules *562Valestian, defendant herein was plaintiff and Kenneth Molampy, the plaintiff herein was defendant.

Meanwhile by inadvertence, a note of issue in the present action was filed in the Supreme Court, Oneida County and the case appeared on the Supreme Court Calendar regularly commencing with the May 1957 Term through the January Term of 1958.

On November 29, 1957, all parties, still under the mistaken…