Dunbar v. G. & S. Partners

OPINION OF THE COURT

Memorandum.

Order affirmed, without costs.

On January 11, 1988, the case was marked off the Trial Calendar because of the nonappearance of plaintiff’s counsel. A week before the anniversary date, on January 4, 1989, plaintiff applied, by motion returnable January 23, 1989, for restoration of the case to the calendar. Her counsel affirmed that on the day of the calendar call he had mechanical difficulties with his car and that when he arrived the court was no longer in session. The court denied restoration on the ground that the action had been automatically dismissed…