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BUTTER v. BROOKDALE HOSP.

67 Misc.2d 727 (1971)

David Butter, Individually, and as Administrator of The Estate of Kay Butter, Deceased, Plaintiff, v. Brookdale Hospital et al., Defendants.

Supreme Court, Trial Term, Kings County.

July 22, 1971

Attorney(s) appearing for the Case

Julien, Glaser, Blitz & Schlesinger for plaintiff. McGrath, Cohen & McGrath for Brookdale Hospital, defendant. Martin, Clearwater & Bell for Sten, Levine & Cooperman, defendants.

MURRAY T. FEIDEN, J.

Plaintiff moves for an "order restoring" this case to the calendar for trial. The request for relief is misleading. Plaintiff is moving for an order excusing his default which resulted in a dismissal of the action. Plaintiff failed to comply with the rule of the court requiring that he submit an affidavit of actual engagement. He must, in order to succeed in his application, seek the favorable discretion of the court.

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