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

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 deMed by Mr. *508Justice GoiiD on December 10, 1959 on condition the examinations before trial be corrected, supplemented and executed by certain dates. On January 4, 1960 a motion…