Dahl v. S. Klein Department Stores, Inc.
New York Supreme Court
1Opinion of the CourtMario Pittoni, J.
Motion by the plaintiff wife to vacate the dismissal and reopen the default, to restore the action to the calendar and for permission to file a statement of readiness, etc. granted.
Pursuant to rule 302 of the Rules of Civil Practice this action was stricken from the calendar for failure to file a statement of readiness. However, it has been established to my satisfaction that two previous attorneys who handled this case died. The present attorney, not without cause, assumed that the previous attorneys had filed a statement of readiness. A check of the records recently disclosed that the case…
2Cases cited2 opinions
- Adriance v. CliffordAppellate Division of the Supreme Court of the State of New York · 1951
- Imberman v. AlexanderNew York Supreme Court · 1958
3Cited by1 opinion
- York & York Construction Co. v. AlexanderDistrict of Columbia Court of Appeals · 1972