Appellate Division of the Supreme Court of the State of New York January 26, 1917 (Sweeting v. Staten Island & Midland Railway Co.)

Per Curiam:

Section 405 of the Code of Civil Procedure is a remedial statute to be liberally construed. (Gaines v. City of New York, 215 N. Y. 533, 539; 25 Cyc. 1314.) Plaintiff should be allowed to bring his action renewing his original suit, which had been dismissed on failure to answer the call of the calendar at the Trial Term.