Dekarolis v. Enterprise Cabinet Co.

Order denying motion of defendant Russell to strike cause from calendar, to vacate notice of restoration to day calendar, and to strike from the ex parte order of May 3, 1928, the provision that the ease retain its place upon the calendar, reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Defendant, appellant, brought in as a party defendant by the service of a supplemental summons and complaint after the case was at issue and upon the Trial Term calendar of the court, is entitled to a notice of trial pursuant to the…