Legal Opinion

Klein v. Vernon Lumber Corp.

Appellate Division of the Supreme Court of the State of New York

Decided March 23, 1945PublishedCited by 14 opinions

1Per curiam

This case appeared on the call calendar on October 8, 1943, and was marked “ off ”. After a year had elapsed and in accordance with the provisions of rule 302 of the Rules of Civil Practice, the clerk- on October 8,1944, marked the case “ dismissed ”.

The respondent thereafter moved to restore the case to the calendar. The. appellant now appeals from the order granting that motion.

The case having been dismissed under the rules (Rules Civ. Prac., rule 302), it-may not -be restored to the calendar. The respondent may move to open his default.

The order appealed from should be reversed, with…

2Cited by14 opinions

  1. Marco v. DullesDistrict Court, S.D. New York · 1959
  2. Boyle v. Krebs & Schulz Motors, Inc.Appellate Division of the Supreme Court of the State of New York · 1963
  3. Mintzer v. Carl M. Loeb, Rhoades & Co.Appellate Division of the Supreme Court of the State of New York · 1960
  4. Siegel v. AddisonNew York Supreme Court · 1954
  5. Sanders v. LoydCourt of Appeals of Tennessee · 1960

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