Kamelhaar v. National Transportation Co.

Motion for an order opening the default of plaintiff on defendants’ motion to dismiss the complaint for lack of prosecution is granted. The plaintiff’s former attorney was adjudged an incompetent in March, 1939. The motion papers to dismiss were addressed to him; they are dated July 26, 1939, and served by mail on said day as appears by the affidavit of service. The service of the motion papers as made was ineffective. Section 240 of the Civil Practice Act, entitled “ Death, removal or disability of attorney,” provides: “ If an attorney dies, is removed or suspended or otherwise becomes…