Zummo Construction Co. v. Campbell Realty Corp.

In this action to foreclose a mechanic’s lien, defendants move for an order (a) striking the action from the calendar and (b) directing plaintiff to furnish a further verified bill of particulars or in the alternative, for an order of preclusion.

Simultaneously with its service of the bill of particulars in question upon defendants, plaintiff served a statement of readiness ('Special Buie, App. Div. 2d Dept., eff. Nov. 18, 1957, as amd.) and note of issue for the February 1961 Term of this court. One week later defendants received a second statement of readiness and note of issue for the March…