Quick-Way Excavators, Inc. v. D. H. Overmyer Co.

Appeal from an order of the Supreme Court at Special Term, entered January 2, 1973 in Albany County, which granted plaintiff’s motion to restore, the -above cases to the Trial Calendar after they had been automatically dismissed pursuant to CPLR 3404 and rule 861.17 of the Rules for Trial and Special Terms of the Supreme Court, Third Judicial Department (22 NYCRR 861.17). Notes of issue in these actions to foreclose mechanic’s liens were filed on September 11, 1969 and the eases were placed, upon the Jury Calendar for the October, 1969 Trial Term of Supreme Court for Albany County. The-cases…