James J. Dowd & Sons Insurance Agency v. Fred C. Hallahan Lumber Co.

Defendants file this petition to establish a report, claiming to be aggrieved by a trial judge's allowance of plaintiffs motion to dismiss draft report. After entry in the Appellate Division argument was scheduled for June 16,1993. Neither appellant nor his counsel appeared on that date nor did his counsel before or after indicate any reason for absence. Appellee counsel was present.

A review of the filed documents and docket reveal default judgment for plaintiff entering on January 27,1992; motion for relief of judgment filed June 19,1992, and heard and denied on June 26, 1992 with decision…