JACOBS, INC. v. MANNING MFG. CORP.


23 Misc.2d 507 (1960)

Milton A. Jacobs, Inc., Plaintiff, v. Manning Manufacturing Corp., Defendant.

Supreme Court, Special and Trial Term, New York County.

January 12, 1960.


Attorney(s) appearing for the Case

Gutterman & Reichbart for plaintiff.

Phillips, Nizer, Benjamin, Krim & Ballon (Herbert N. Bobrow of counsel), for defendant.


SAUL S. STREIT, J.

Motion by plaintiff for an order to be relieved of its failure to comply with the provisions of subdivision 5 of section 426 of the Civil Practice Act. In this action, for breach of an agreement, a note of issue and readiness statement were filed by the defendant on November 18, 1959, at which time neither side demanded a jury. A prior motion by the plaintiff to strike the action from the calendar was denied by Mr.

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