Sgambelluri v. Town of Colonie

Appeal from an order of the Supreme Court at Special Term, entered in Albany County on March 19, 1969, which opened respondent’s default and restored the case to the day calendar after the case had been dismissed for neglect to prosecute pursuant to rule 2.17 of the Rules for Trial and Special 'Terms of the Supreme Court, Third Judicial Department. Respondent was injured as the result of an automobile accident which occurred on September 29, 1963. The action was commenced on September 24, 1964 and issue was joined on October 20, 1964. A note of issue was filed on January 10, 1965, and the…