Rubin v. Kearney

The plaintiff by his motion seeks to vacate a judgment previously entered dismissing the action brought to recover damages for the negligent operation of a motor vehicle. The action was dismissed after issue had been joined, for failure to prosecute. The motion dismissing the action was granted by default. Plaintiff asserts that he was unaware that the motion had been instituted and granted, through the failure of his attorney to take suitable steps to oppose the motion. Upon notice that such action had been taken, plaintiff, by another attorney, moved promptly to vacate the order of…