Finn v. Crystal Beach Transit Co.

Order unanimously reversed, without costs, and motion denied. Memorandum: It has been repeatedly held that only where there are present "special unusual or extraordinary circumstances spelled out factually” has Special Term discretion to depart from the rule which forecloses discovery proceedings after the statement of readiness has been filed (Fuoco v Boyle Bros., 40 AD2d 943; Warren v Vick Chem. Co., 37 AD2d 913; Price v Brody, 7 AD2d 204). The record here certified to by the parties contains no such factual showing of the requisite circumstances; nor, on appellate review may consideration…