Devoe v. King Kullen Grocery Co.

By this motion, the plaintiff seeks to take her own testimony before trial seeking to perpetuate the same because of her sickness and infirmity A note of issue and statement of readiness was filed in this case for the May 1962 Term, and this instrument indicates that the parties have either completed or waived all preliminary pretrial proceedings.

The defendants contend the filing of the statement of readiness constitutes a waiver by the plaintiff of further pretrial proceedings. They also oppose the application on the basis that the plaintiff’s physical impairment is not adequately…