JACOBS v. MUSIAL


20 A.D.2d 967 (1964)

Theodore M. Jacobs, Appellant, v. Walter A. Musial, Respondent

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

April 10, 1964


Order unanimously reversed, with costs, and motion granted, without costs.

Memorandum:

The order denied a motion by plaintiff to restore case to Trial Calendar pursuant to rule XII of the Rules of Supreme Court for Erie County made within six months from the date it was marked off the calendar. No affidavits were filed in opposition thereto. Upon this record the motion should have...

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