Crespo v. Peters

The ground stated by defendant in support of her motion to strike the cause from the calendar is that she “ is desirous of examining plaintiff before trial.” There is no such ground to be found in the readiness rule for striking a cause. Nor are the cited cases authority for the defendant’s assertion that so long as the motion to strike is timely made pursuant to the rule it follows automatically that the defendant will be granted an examination before trial (regardless of her laches or dilatory tactics). This sort of argument would defeat the whole purpose of the rule which contemplates the…