[Download] "John R. Doll v. Thomas A. Kleinklaus" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: John R. Doll v. Thomas A. Kleinklaus
- Author : Supreme Court of New York
- Release Date : January 15, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Order unanimously reversed, without costs, and motion denied. Memorandum: In this long-delayed action, plaintiff filed his original note of issue and statement of readiness in June, 1973. When the case was reached for trial and plaintiff was not ready to proceed, it was placed on the general docket on March 14, 1977. In July, 1977 plaintiff noticed the defendant Liverpool Central School District No. 1 (Liverpool) to produce several persons under its control for examinations before trial. Liverpool refused to comply with the notice and plaintiff, at that juncture, made no effort to compel compliance. Instead, in February, 1978, plaintiff moved to restore the action to the Trial Calendar and Special Term granted such relief "upon the filing * * * of a Note of Issue". On March 30, 1978 plaintiff filed a new note of issue and statement of readiness in which it was again indicated that all examinations before trial and necessary depositions had been completed. Without first moving to vacate the statement of readiness, the plaintiff moved on April 6, 1978 to compel Liverpool to comply with the notice to examine which had [66 A.D.2d 1003 Page 1004]
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