Shaw v. Hospital Ass'n

Plaintiffs having served a notice to take the testimony of plaintiff Helen Shaw upon oral examination, defendant moves for a protective order vacating the notice on the ground that such disclosure is improper since a note of issue was served over one year prior thereto. In opposition plaintiffs have submitted proof indicating that Helen Shaw, now 82 years of age, suffered a heart attack on or about July 7, 1968, that she is now confined to a hospital, that her condition is serious and that her prognosis is guarded.

While it has been made clear that the statement of readiness rule will not be…