WALSH v. BEN RILEY'S ARROWHEAD INN, INC.


2 A.D.2d 714 (1956)

Mary Walsh, Respondent, v. Ben Riley's Arrowhead Inn, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 25, 1956


The action was commenced in June, 1953 and a note of issue was filed for the March, 1954 term. The case was called for trial in March, 1954 and marked off the calendar. Thereafter, it was again called, and again marked off in March, 1955. At the time the motion to dismiss was made, it had not been restored to the calendar. It was consequently deemed abandoned, and it was the duty of the clerk to make an appropriate entry of the dismissal of the complaint without further order...

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