Sanick v. Schauder

In our opinion, under the circumstances here, the Special Term properly exercised its discretion in denying the motion (Walsh v. Riley’s Arrowhead Inn, 2 A D 2d 714; Curro v. Marino, 14 A D 2d 526). Upon the argument of the appeal and in her reply brief, plaintiff has presented a contention not urged previously. She now contends that she had the entire day of March 16, 1960 in which to move to restore the action; that no proper dismissal could be made before March 17, 1960; and that the dismissal on March 16, 1960 is, therefore, jurisdietionally void. The action *802was marked off the calendar on…