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McNAMARA v. HUTCHINSON

33 A.D.2d 26 (1969)

Leonard McNamara et al., Respondents, v. Stanley R. Hutchinson, Appellant

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

November 6, 1969.

Attorney(s) appearing for the Case

George P. Bluhm (Friedman, Ladd & Maksail, by George A. Maksail, of counsel), for appellant.

John J. Sweeney (John J. Sweeney, Jr., of counsel), for respondents.

HERLIHY, P. J., REYNOLDS, STALEY, JR., and GREENBLOTT, JJ., concur.

Per Curiam.

This is an appeal from an order of the Supreme Court, entered November 1, 1968, in Rensselaer County, which opened respondents' default in failing to restore the action to the calendar for trial within one year after it was marked "off" the said calendar, pursuant to the provisions of rule 2.17 of the Rules for Trial and Special Terms of Supreme Court, Third Judicial Department (22 NYCRR 861.17), and restored...

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