Leidig v. City of Lackawanna

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.