Civil Procedure · MBE-tested
Erna Leidig, as Administratrix of the Estate of Emil Leidig, Deceased, Appellant, v. City of Lackawanna, Respondent
25 A.D.2d 615·New York Supreme Court, Appellate Division·1966·NY
Present — Williams, P. J., Bastow, Goldman, Henry and Del Yecehio, JJ.
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Opinion
Erna Leidig, as Administratrix of the Estate of Emil Leidig, Deceased, Appellant, v. City of Lackawanna, Respondent.
[MAJORITY]
Order unanimously reversed, without costs of this appeal to either party, and motion granted. Memorandum: In the exercise of a proper discretion plaintiff’s motion to restore the case to the calendar should have been granted. (Appeal from order of Erie Special Term denying plaintiff’s motion to restore action to Held Calendar of Supreme Court, Erie County.)
Present — Williams, P. J., Bastow, Goldman, Henry and Del Yecehio, JJ.