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GEN. CRANE SERV. v. WHITING-TURNER CONTR.

27 Misc.2d 403 (1960)

General Crane Service, Inc., Plaintiff, v. Whiting-Turner Contracting Company, Inc., et al., Defendants.

Supreme Court, Special Term, Onondaga County.

December 1, 1960

Attorney(s) appearing for the Case

McClung, Peters & Simon (Robert E. Simon of counsel), for Whiting-Turner Contracting Company, Inc., defendant. Seubert, Wilson & Driscoll (Albert Orenstein of counsel), for plaintiff.

J. ROBERT LYNCH, J.

Defendant Whiting-Turner moves, under section 108 of the Civil Practice Act, to be relieved of a judgment taken against it on a default claimed inadvertent. The motion was timely made upon papers sufficient in form. It would be granted by the court except for the character of the inadvertence alleged which the court holds is a legal barrier to...

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