Opinion
March 12, 1952.
Present — Taylor, P.J., McCurn, Vaughan, Kimball and Wheeler, JJ.
Order reversed, on the law, with $10 costs and disbursements, and motion denied, with $10 costs. Memorandum: The motion on which the order was granted was to restore the case to the calendar, it having been dismissed under rule 302 of the Rules of Civil Practice. The motion does not lie. The remedy, if any, was a motion to open the default. (See Klein v. Vernon Lbr. Corp., 269 App. Div. 71.) All concur. (Appeal from order granting plaintiff's motion to restore cause to foot of the Held Calendar.)