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RADAR-ELECS., INC. v. OSCAR LEVENTHAL, INC.

8 A.D.2d 778 (1959)

Radar-Electronics, Inc., Respondent, v. Oscar Leventhal, Inc. et al., Appellants

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

June 4, 1959

MEMORANDUM BY THE COURT.

The order of Trial Term vacated a dismissal of a complaint pursuant to rule 302 of the Rules of Civil Practice, and restored the cause to the General Jury Calendar for a day certain. While the notice of motion was technically faulty in seeking specifically only a restoration to the calendar, when it should have asked to open the default, to vacate the dismissal and thereupon to restore the case to the trial calendar (see Niewiadowski v...

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