Breitbart v. Gerber

Defendants’ motion to strike the action from the trial calendar is denied and the plaintiff’s motion to vacate defendants’ notice to examine plaintiff before trial is granted. The defendants have not moved within the 20-day period provided by subdivision (5) of the special readiness rule and have unreasonably neglected to seek the examination before trial for some four months after receipt of plaintiff’s bill of particulars, this though plaintiff had written in the meantime asking expedition of the examination if it be sought and waiving his own right to examine defendants if not sought.

True,…