McSHAN v. DILBERT'S QUALITY SUPERMARKETS, INC.


33 A.D.2d 792 (1969)

James McShan, Respondent, v. Dilbert's Quality Supermarkets, Inc., et al., Appellants

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

December 22, 1969


Order reversed, on the law and the facts, with $10 costs and disbursements, and motion denied.

In support of plaintiff's motion to be relieved of his default in failing to appear at a pretrial calendar call, which default eventually resulted in an automatic dismissal under CPLR 3404, an attorney associated with plaintiff's attorney alleged that the default resulted from the fact that the action was being followed in their firm's "suit record" book under a former calendar...

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