Sal Masonry Contractors, Inc. v. Array Construction Corp.

Order unanimously affirmed, without costs. Memorandum: Plaintiffs motion to restore this case to the calendar was granted at Special Term. On October 25, 1973 it was marked off the calendar when neither party appeared for a pretrial conference, apparently because the case was not properly listed in a law journal. No motion was made under the provisions of 22 NYCRR 1024.13 within one year for its restoration to the calendar, explaining its previous disposition, stating meritorious reasons for its restoration and that it was ready for trial. Consequently, it was deemed abandoned and dismissed…