Zahn v. Neverett

Appeal from an order of the Supreme Court at Special Term, entered November 15, 1979 in Clinton County, which denied plaintiffs’ motion to restore their action to the Trial Calendar. This action was on the Standard and Goals Calendar of the Supreme Court, Clinton County, for the Trial Term commencing in January, 1978. Plaintiffs’ attorneys, maintaining an office in Monroe County, were so advised by the court early in December of 1977. The action was commenced on March 21, 1975 and, pursuant to a demand (CPLR 3216), a note of issue was served and filed in May, 1977. Defendant has stated he was…