De Luccy v. City of New York

Order, entered January 21, 1965, denying plaintiff’s motion to vacate a dismissal of the action and to restore the case to the Ready Personal Injury *422Calendar, unanimously reversed, on the law, on the facts, and in the exercise of discretion, without costs or disbursements; the motion to vacate the dismissal is granted and the action is ordered restored to the Ready Personal Injury Calendar, Supreme Court, New York County. When the case was called for trial, counsel for plaintiff sought an adjournment upon the ground of illness. The Trial Justice granted an adjournment for one day and set the…