114 N.Y.S. 1023 | N.Y. App. Div. | 1909
The object of the appeal is to review the decision of the Special Term with respect to the terms upon which the default should be opened. The propriety of opening the default is not questioned, and,, therefore, need not be considered. It appears that after the cause was at issue, it was duly placed upon the calendar, and in due comise of procedure under the rules- it appeáred upon the Friday call ealendar and was placed upon the day calendar in Trial Term, Part 14, on the 22d day of October, 1908. At the call of that day calendar no one appeared for the plaintiff, but the attorneys for the defendant were represented and the cause was marked ready on their part. On the second call of the calendar the same day no one appeared for the' plaintiff, and. a motion that the complaint be dismissed was made in behalf of the defendant and granted.. ■ The-
Ingraham, Clarke, Houghton and Soott, JJ., concurred.
Order modified as directed in opinion, and as modified affirmed, with ten dollars costs and disbursements to appellant. Settle order on notice.