Farrell v. Reed

Appeal from an order of the Supreme Court at Special Term which granted plaintiff’s motion for examination of defendant before trial and for discovery and inspection, against defendant’s contention that plaintiff waived her rights to these pretrial procedures by her prior filing of a-note of issue and a statement of readiness (Special Rule Respecting Calendar Practice, Appellate Division, 3d Dept.) The reasons advanced by plaintiff’s attorney for his delay in moving, continuing until the retainer of trial counsel, do not account for the premature filing of the statement of readiness; but…