Opinion
December 4, 1961
In an action to recover damages for property damage resulting from a fire on November 28, 1950, allegedly caused by the defendant's negligence, the plaintiff appeals from an order of the Supreme Court, Westchester County, dated October 27, 1959, denying her motion to vacate the dismissal of the complaint and to restore the action to the calendar for trial. The action was marked off the calendar on October 2, 1957, because no statement of readiness had been filed; and the complaint was dismissed on October 2, 1958 pursuant to rule 302 of the Rules of Civil Practice. The notice of motion to vacate the dismissal was dated August 25, 1959. Order affirmed, without costs ( Weisman v. Kopf, 11 A.D.2d 1055). Nolan, P.J., Beldock, Christ, Pette and Brennan, JJ., concur.