Lee v. City School District

In a negligence action to recover damages for personal injuries, etc., which was automatically dismissed pursuant to CPLR 3404, plaintiffs appeal from an order of the Supreme Court, Westchester County, entered November 9, 1976, which denied their motion to restore the action to the calendar and to compel the defendant-respondent to submit to an examination before trial. Order affirmed, with $50 costs and disbursements. The affirmation in support of plaintiffs’ motion states as an excuse for the failure to file a statement of readiness that the prior attorney was opening his own practice and…