Vanoni v. Hilti, Inc.

Order, Supreme Court, New York County, entered February 28, 1974, granting plaintiff’s motion to restore the case to the Trial Calendar, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs and without disbursements, and the complaint dismissed. Appeal from an order, Supreme Court, New York County, entered September 19, 1973, granting leave to serve an amended complaint, unanimously dismissed as academic, without costs and without disbursements. Prerequisite to restoration of a case to the Trial Calendar is a showing of both a valid excuse for default…