In re the Estate of Moroney

Rubenstein, S.

This is a motion to vacate petitioner’s default in complying with a notice served upon her attorney under section 322 of the Civil Practice Act, requiring her to admit certain claimed facts. It was clear to the court during the trial of this proceeding that petitioner might suffer irreparable injury through her attorney’s admitted failure to comprehend the import of the statute and consequent failure to comply with its terms. The court then suggested that this motion be made and an adjournment was taken for such purpose.

Notwithstanding the circumstances are such that respondent…