Opinion
December 18, 1951.
Present — Peck, P.J., Glennon, Dore, Cohn and Shientag, JJ.
Because of the unusual circumstances of this case and in view of the difficulty that plaintiff was having with her former attorney, the court should not have granted a judgment in favor of defendants, dismissing the complaint without affording plaintiff (who then had no representation by counsel) an opportunity of putting in her proof. She now appears by another attorney. For the foregoing reasons and for the added reason that the interests of the infant child of plaintiff may be involved in this action, we think that plaintiff should have her day in court. Judgment unanimously reversed, without costs, the motion to dismiss the complaint denied and a trial of the issues is to be had without further delay. Settle order on notice.