Charles Barnett Co. v. St. Paul Fire & Marine Insurance

Order unanimously reversed on the law and as a matter of discretion, without costs, and the motion denied, with leave to the plaintiff to move to vacate the dismissal upon proper papers including an affidavit of merits to be furnished by the party plaintiff. On January 2, 1957, the case was marked off the Trial Calendar. On January 3, 1958, the case was dismissed pursuant to subdivision 2 of rule 302 of the Rules of Civil Prac*898tice. Said dismissal resulted from plaintiffs failure to cause the action to be restored to the Trial Term Calendar within one year after it had been marked off.…