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H. R. JACOBY, INC. v. KUSHNER

3 A.D.2d 905 (1957)

H. R. Jacoby, Inc., Appellant, v. Max E. Kushner et al., Individually and Doing Business under the Name of Kushner Importing Company, et al., Respondents

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

May 21, 1957

The plaintiff on the renewal of its motion to vacate the default judgment entered dismissing its complaint made adequate explanation of the delay that prompted the denial of the original motion to open its default. In addition, plaintiff satisfactorily explained its failure to move to restore the case to the Reserve Calendar in the year that elapsed between the time it was marked "Off" the Reserve Calendar and its automatic dismissal by the clerk as provided by subdivision...

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