Opinion
November 23, 1960
Appeal from the City Court of the City of New York, County of New York, XAVIER C. RICCOBONO, J.
Irving Segal and Sidney Advocate for appellants.
No adequate excuse for failure to move to restore the case within the one-year period provided in subdivision (c) of rule XV of the Rules of the City Court of the City of New York was given. Therefore no discretion existed to grant the relief.
The order should be reversed, with $10 costs and disbursements, and motion denied.
Concur — HECHT, J.P., STEUER and TILZER, JJ.
Order reversed, etc.