Sadif, S. A. v. Burnham & Co.

Order, entered on January 28, 1964, unanimously modified, on the law and the facts and in the exercise of discretion, to delete the provisions for the granting of the cross motion, the cross motion to strike cause from the calendar is denied, and the order otherwise affirmed, with $20 costs and disbursements to appellant. Under rule 3402 of the Civil Practice Law and Rules, a note of issue may be filed “At any time after issue is first joined”. Under rule 3211 of the Civil Practice Law and Rules, a motion challenging the sufficiency of defenses may be made at any time prior to, or even upon…