Fireproof Products Co. v. Trebuhs Realty Co.

Order, entered March 5, 1968, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to defendants-appellants, and plaintiff’s motion for leave to conduct disclosure proceedings, considered as a renewal of an application for such leave, denied. Plaintiff’s failure to seek disclosure proceedings for a period of three and one-half years after joinder of issue and its gross delay in the prosecution of the action precludes its present attempt to conduct such proceedings following the filing by defendant of a note of issue and statement…