Appellate Division of the Supreme Court of New York, 1946

Occhipinti v. Buscemi

Occhipinti v. Buscemi
Appellate Division of the Supreme Court of New York · Decided December 9, 1946
271 A.D.2d 881
Occhipinti v. Buscemi

Opinion of the Court

The impleaded defendants appeal from an order restoring the case to the calendar for trial on the cross complaints of defendant Buscemi against defendant Williamsburg Packing Company, Inc., and defendant Adolf Gobel, Inc. Order affirmed, without costs. The motion may be deemed to have been for the opening of a default, as well as the restoration of the ease to the calendar for trial, and the order may be construed to have opened the default as well as to have restored the case to the calendar for trial. Lewis, P. J., Hagarty, Carswell, Adel and Nolan, JJ., concur.

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