WEG v. HIGHLAND TEL. CO.


31 A.D.2d 897 (1969)

Noah Weg, Respondent, v. Highland Telephone Company et al., Appellants

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

March 4, 1969


Order dated June 12, 1968, granting plaintiff's motion to vacate the dismissal and restore the cause to the original position it held on the calendar is unanimously reversed, on the law and on the facts, and the motion is denied, with $30 costs and disbursements to the defendants-appellants.

Plaintiff made the aforesaid motion on May 16, 1968. The cause was marked off as abandoned when the April, 1967 calendar call was not answered. Plaintiff claims an oversight by...

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