Drinkwater v. Grady

In an action for personal injuries and property damage, arising out of the alleged negligence of the defendants, plaintiff’s action was dismissed for failure to appear on the call of the calendar. Order entered August 17, 1954, denying plaintiff’s motion to vacate the dismissal of the action and for other relief, affirmed, with $10 costs and disbursements. While the motion was designated as one for “ reargument ”, it was, in fact, an application for leave to renew upon additional papers, and is appealable. The determination of the motion rested in the discretion of the Special Term, which…