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GOLDNER TRUCKING v. STOLL PACKING

37 Misc.2d 102 (1962)

Goldner Trucking Corp., Plaintiff, v. Stoll Packing Corp., Defendant.

Supreme Court, Special Term, Queens County.

October 30, 1962

Attorney(s) appearing for the Case

Bendes, Stark & Amron (Robert Polstein of counsel), for plaintiff. John R. O'Reilly (Rosenman Colin Kaye Petschek & Freund of counsel), for defendant.

JAMES A. ROE, JR., J.

Plaintiff moves for an order vacating the dismissal of the complaint in this action for failure to proceed to trial on September 11, 1962, and vacating the judgment of dismissal entered herein on September 14, 1962.

Defendant urges that the motion should be denied because plaintiff has failed to show a reasonable excuse for the default, which it contends was deliberately suffered...

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