68 Fifth Ave. Rest. Inc. v. 59 Fifth Restaurant Corp.

In this action to recover the $7,500 down payment made by plaintiff upon a contract to purchase a restaurant from defendant, defendant appeals from an order of the Supreme Court, Nassau County, dated January 28, 1971, which denied its motion to vacate plaintiff’s statement of readiness and to strike the action from the Trial Calendar. Order modified, as a matter of discretion and in the interests of justice, so as to add thereto a decretal provision that the denial of defendant’s motion is without prejudice to such motion as defendant might be advised to make at Trial Term to direct plaintiff…