Appellate Division of the Supreme Court of New York, 1954

Heller v. Panoramic Radio Products, Inc.

Heller v. Panoramic Radio Products, Inc.
Appellate Division of the Supreme Court of New York · Decided June 14, 1954
283 A.D. 1081; 131 N.Y.S.2d 911; 1954 N.Y. App. Div. LEXIS 6381
Heller v. Panoramic Radio Products, Inc.

Opinion of the Court

In an action to recover damages for personal injuries, the order appealed from conditionally grants plaintiff’s motion to vacate a default and restore a cause to the calendar. Order, insofar as appealed from, modified by striking out the ordering paragraph and by providing in lieu thereof that the action be restored to its place on the calendar as of the time of dismissal. As so modified, order affirmed, without costs. Under the circumstances, the ease should be unconditionally restored to its place on the calendar at the time of dismissal. Nolan, P. J., Adel, MacCrate, Beldock and Murphy, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.