Pappas v. Bee Line, Inc.

Issue was joined in this action on June 18, 1958. In May, 1959 plaintiff noticed the case for the June 1959 Term. Defendants, on May 11, 1959, moved to strike the case from the calendar for three reasons, viz., plaintiff had *842not submitted to an examination before trial; had not submitted to a physical examination; and had failed to authorize an examination of his X-ray plates.

The motion to strike from the calendar returnable at Special Term, Part I was, in compliance with the rules, referred to Mr. Justice Martuscello, then presiding in Special Term, Part VIII. Counsel thereupon entered into…