DECKER v. NORTON, LILLY & CO.


20 Misc.2d 948 (1960)

Russell Decker, Plaintiff, v. Norton, Lilly & Co., Defendant.

Supreme Court, Special Term, Kings County.

January 6, 1960.


Attorney(s) appearing for the Case

Gustave G. Rosenberg and Lawrence M. Rosenberg for plaintiff.

Kirlin, Campbell & Keating for defendant.


WALTER R. HART, J.

Plaintiff moves for an order vacating the order of preclusion heretofore entered on default and for a disposition on the merits of defendant's motion to preclude. The court is satisfied from the moving affidavit that plaintiff's default was inadvertent and caused solely by a misunderstanding on the original return date with respect to the adjournment. Accordingly the motion to vacate the denial...

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