Micera v. Ciccotta

Motion to set aside service of summons. A prior action had been commenced in which, on December 20, 1960, an order was made striking the complaint unless plaintiffs appear for an examination before trial on January 4, 1961. On January 9, 1961, judgment striking the complaint was entered on proof that plaintiffs had not so appeared. The complaint was stricken pursuant to the provisions of section 299 of the Civil Practice Act for willful failure of plaintiffs to appear for examination before trial. The dismissal of the complaint was not on the merits or for failure to prosecute the action…