Warren v. Vick Chemical Co.

Order unanimously reversed, with costs, and motion granted. Memorandum: After plaintiff Warren’s cause had been on the Erie County Supreme Court General Calendar for a year without a statement of readiness having been filed, it was placed on the General Docket in September, 1967. One year later, plaintiff moved to restore the ease to the Trial Calendar. The affidavit in support of this motion stated that “ This action is now ready for trial as all pre-trial procedures have been completed ”. Special Term’s granting of the order of restoration was conditioned upon a new note of issue being…