Mitchell Gaffy v. Buffalo General Hospital

Order unanimously affirmed, with costs. Memorandum: *851This cause of action arose in 1968 and summonses were served in 1969. Issue was joined in July, 1970 and the plaintiffs filed a note of issue with a statement of readiness. Defendants obtained an order striking the certificate of readiness because necessary pretrial procedures, including their desired physical examination and examination before trial of plaintiff, had not been completed. Significantly, defendants have not yet moved for such discovery. The case went on the general docket on October 13, 1971 and plaintiffs moved to restore the…