Radar-Electronics, Inc. v. Oscar Leventhal, Inc.

Appeal from an order of the Supreme Court, at Special Term, entered January 21, 1959, in New York County, which granted a motion by plaintiff for an order restoring the action to the General Jury Trial Calendar.

Memorandum by the Court. The order of Trial Term vacated a dismissal of a complaint pursuant to rule 302 of the Rules of Civil Practice, and restored the cause to the General Jury Calendar for a day certain. While the notice of motion was technically faulty in seeking specifically only a restoration to the calendar, when it should have asked to open the default, to vacate the dismissal…