Didziulis v. Callahan Industries, Inc.

Appeal from an order of the Supreme Court at Special Term, entered March 18, 1975 in Montgomery County. This action was commenced by the service of a summons on January 2, 1975. Issue was joined by the timely service of an answer on February 12, 1975. The plaintiffs’ attorney then filed a note of issue and statement of readiness (22 NYCRR 861.9, 861.10) on February 17, 1975. The defendant promptly moved in accordance with 22 NYCRR 861.10(c) for an order striking the case from the calendar upon the ground that the case was not ready for trial in that the defendant had not had a reasonable…