RUBIN v. KEARNEY


19 Misc.2d 855 (1959)

Israel Rubin, Plaintiff, v. Thomas Kearney et al., Defendants.

County Court, Westchester County.

August 27, 1959.


Attorney(s) appearing for the Case

Leon Sagan for plaintiff.

John P. Smith for Home for the Aged, defendant.

James M. Mannix, Jr., and Howard H. Schrecke for Thomas Kearney, defendant.


FRANK S. McCULLOUGH, J.

The plaintiff by his motion seeks to vacate a judgment previously entered dismissing the action brought to recover damages for the negligent operation of a motor vehicle. The action was dismissed after issue had been joined, for failure to prosecute. The motion dismissing the action was granted by default. Plaintiff asserts that he was unaware that the motion had been instituted and granted, through the failure of his attorney...

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