Geller v. General Motors Corp.

Defendant appeals from the granting of plaintiff’s section 72 petition (Ill. Rev. Stat. 1977, ch. 110, par. 72) to reinstate his cause of action. Defendant contends that the petition was insufficient as a matter of law and that the earlier order dismissing plaintiff’s cause was correct. We affirm.

Plaintiff brought suit against defendant on January 26,1976, the merits of which are not at issue here. Certain discovery was undertaken and the case eventually appeared on the call of nonjury cases by the Assignment Section of the Law Division on January 10, 1979, at 2 p.m. Plaintiff failed to…