Capo v. Zaches

Motion by plaintiff to restore this cause to the calendar for trial upon the filing of a statement *1029of readiness is denied without prejudice to a motion to open the default upon papers that are sufficient.(1) The cause was not (as asserted by plaintiff) 1 ‘ marked off the calendar by reason of the fact that a Certificate of Beadiness was not filed ”. It was marked off on June 29, 1956, on the special call of the calendar for summer trials, because of plaintiff’s nonappearance.(2) While the case was marked off on that special call, and would thus have been subject to the normal leniency…