City of New York Municipal Court November 19, 1929 (Marcus v. Simotone & Combined Sound & Color Films, Inc.)

Shientag, J.

The motion is to open the default of the defendant for the failure of its attorney to answer the case when it appeared upon the day calendar. The supporting affidavits convince me that the default was unintentional and due to carelessness in following the calendar. The denial of a prior motion for summary judgment indicates that a triable issue of fact is presented.