Suttle v. Croyden Drug & Luncheonette, Inc.

In this action for personal injuries, the cause was noticed for the January, 195.6 Term as a non jury cause. The cause was marked preference not warranted and was subsequently marked off the calendar for failure to file a readiness statement. The plaintiffs move for an order removing the cause to the City Court pursuant to section 110-b of the Civil Practice Act, and placing the same upon the Trial Term General Calendar of the City Court for jury tort cases. The defendant has no objection to the restoration and transfer of the within action to the City Court.

The defendant contends, however,…