HEILAND v. SALM


208 Misc. 474 (1955)

Edward C. Heiland, Doing Business as Diamond T of Utica, Plaintiff, v. Virgil Salm et al., Defendants.

Supreme Court, Special Term, Oneida County.

June 2, 1955.


Attorney(s) appearing for the Case

Capecelatro & Capecelatro for plaintiff.

A. G. Gambitta and Ira M. Ball for defendants.


DEL VECCHIO, J.

This motion is to open the default judgment rendered against the defendants for the failure of their attorneys to answer the case when it appeared upon the day calendar. The supporting affidavits convince me that the default was unintentional and due to neglect on the part of the Supreme Court Clerk to notify defendants' attorneys that the case would appear on the day calendar, after it had been...

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