Legal Opinion
Peterson v. Terminal Taxi, Inc.
District Court, S.D. New York
Decided November 13, 1968No. 65 Civ. 3138PublishedCited by 3 opinions
1Opinion of the Court
OPINION
MacMAHON, District Judge.
Plaintiff moves under Rule 60(b), Fed.R.Civ.P., to vacate and set aside a judgment entered against him and to restore his case to the calendar. The complaint was dismissed for failure to prosecute because plaintiff did not appear when the case was called for trial.
The complaint asserts a claim for damages for personal injuries allegedly sustained in a collision while plaintiff was riding as a passenger in defendant Terminal’s taxicab. The action was commenced on October 19, 1965 and, upon certification by counsel that the action was in all respects ready for…
2Cases cited3 opinions
- Edward Davis v. United Fruit Company, Defendant-RespondentCourt of Appeals for the Second Circuit · 1969
- Joseph Schwarz v. United StatesCourt of Appeals for the Second Circuit · 1967
- Schneider v. American Export Lines, Inc.District Court, S.D. New York · 1968
3Cited by3 opinions
- Quagliano v. United StatesDistrict Court, S.D. New York · 1968
- Sinva, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc.District Court, S.D. New York · 1969
- Vitarelle v. Long Island RailroadDistrict Court, S.D. New York · 1968