CAPO v. ZACHES


14 Misc.2d 1028 (1958)

Roy R. Capo et al., Doing Business as Pleasant Waste Material Co., Plaintiff, v. Frank Zaches, Defendant.

Supreme Court, Trial Term, Bronx County.

October 4, 1958.


Attorney(s) appearing for the Case

Max J. Gwertzman and Sigmund Sessler for plaintiff.

Harry A. Wertlieb for defendant.


MATTHEW M. LEVY, J.

Motion by plaintiff to restore this cause to the calendar for trial upon the filing of a statement of readiness is denied without prejudice to a motion to open the default upon papers that are sufficient.

(1) The cause was not (as asserted by plaintiff) "marked off the calendar by reason of the fact that a Certificate of Readiness was not filed". It was marked off on June 29, 1956...

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