Collins v. Bertram Yacht Corp.

Order, Supreme Court, New York County, entered September 25, 1975, which vacated a judgment entered December 22, 1972, dismissing the complaint, granted a discontinuance of the action and directed that plaintiffs counsel pay the defendants’ costs in the sum of $250, unanimously reversed, on the facts and the law, without costs and without disbursements, and the plaintiffs motion to vacate the judgment denied and the judgment declared to be on the merits under New York law. The defendants obtained summary judgment dismissing the complaint when the plaintiff failed to appear on the return of…