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NIEWIADOWSKI v. KULP-WACO, INC.

279 A.D. 974 (1952)

Bruno Niewiadowski, Respondent, v. Kulp-Waco, Inc., et al., Appellants

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

March 12, 1952.

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

Memorandum:

The motion on which the order was granted was to restore the case to the calendar, it having been dismissed under rule 302 of the Rules of Civil Practice. The motion does not lie. The remedy, if any, was a motion to open the default. (See Klein v. Vernon Lbr. Corp., 269...

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