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BUCKLEY v. ST. BERNARD'S SCH.

53 Misc.2d 1075 (1966)

Patrick Buckley, Plaintiff, v. St. Bernard's School et al., Defendants. Dominick Milone, Inc., Third-Party Plaintiff, v. Concrete Plank Co., Inc., Third-Party Defendant.

Supreme Court, Trial Term, Nassau County.

December 5, 1966

Attorney(s) appearing for the Case

Segan, Culhane & Cembalest for plaintiff. Patrick F. Adams for St. Bernard's School, defendant. Schaffner & Minion for defendant and third-party defendant. Walter C. Marshall for defendant and third-party plaintiff.

BERNARD S. MEYER, J.

This motion to vacate the dismissal before trial of this action is denied. To grant the motion would leave the calendar rules without substance or meaning.

The action was pre-tried on April 28, 1966 at which time October 3, 1966 was fixed as a day certain for trial. On call of the calendar on October 3, 1966, it was reported by one of the parties to the third-party action that an...

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