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STEHLIK v. CITY OF NEW YORK

22 A.D.2d 777 (1964)

Julia Stehlik, Appellant, v. City of New York et al., Respondents

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

November 19, 1964

Appeal from judgment in personal injury negligence action following a dismissal of plaintiff's complaint for failure to proceed on the trial unanimously dismissed, with $30 costs and disbursements to defendants-respondents.

The statute defines a failure to proceed with trial as a default (CPLR 3215; cf. Civ. Prac. Act, § 494-a; see 4 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 3215.02). Such a judgment on default is...

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