S. Stern, Henry & Co. v. United States

Richardson, Judge:

On the call of the calendar at a term of court in New York on June 15, 1964, plaintiff failed to appear, notwithstanding due and timely notice, and the defendant moved to dismiss the protest for nonappearanee and lack of prosecution, and also on the ground that the protest does not state a cause of action.

It would serve no useful purpose in the present posture of the case for the court to grant defendant’s motion to dismiss the protest for insufficiency, as is apparently defendant’s main objective. Apart from the fact that a disposition of such motion would be superfluous,…