¶1In an action for divorce, plaintiff appeals from an order denying her motion to vacate the dismissal of the complaint and to restore the cause to the calendar for a day certain for trial. Order reversed, without costs, and motion granted, without costs. In the interests of justice, the default in proceeding with the trial should be excused. Nolan, P. J., Carswell, Adel, Wenzel and MacCrate, JJ., concur.
281 A.D. 765
Pollick v. Pollick
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 1953
Appellate Division of the Supreme Court of the State of New York · decided 1953-01-19
Decided 1953-01-19