Finegan v. Apolito

On this motion to set aside the plaintiffs’ default in failing to appear in opposition to two motions brought on by the defendants severally, constituting two individuals and the City of New York, to dismiss unconditionally the complaint in a negligence action for lack of prosecution under rule 156 of the Rules of Civil Practice, the defendants consented in opeil court to vacate the default in appearance and proceed to argue the principal motions to dismiss.

It appears that the infant plaintiff, when 4% years of age, was caused to sustain a compound fracture of both bones of the left lower leg…