People ex rel. Weiss v. Boyland

Where an action has been dismissed as a result of being marked “off” and not restored within one year (Rules Civ. Prae., rule 302, subd. 2), the court may nevertheless grant relief to the defaulting party if justifiable circumstances are shown (Adriance v. Clifford, 278 App. Div. 735, 736). We believe such circumstances have been shown here and that relator’s default should be opened and the proceedings restored to the calendar. Long after the *739expiration of the one-year period for restoration, the city consented to consolidation of the tax years involved herein with proceedings for subsequent…