Wavrovics v. City of New York

— Order entered on or about June 20, 1960, granting plaintiffs’ second motion for a renewal of an application to vacate a dismissal of the action on January 3, 1958, pursuant to rule 302 of the Rules of Civil Practice and to restore the case to the calendar, unanimously reversed, on the law and on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion denied, with $10 costs. Although no motion was made to open the default before moving to restore the case to the calendar (Mintzer v. Loeb, Rhoades & Co., 10 A D 2d 27, 29) we have disregarded…