Hoover v. Ruth

The plaintiffs move to vacate the notice of defendants Micel to examine them before trial pursuant to article 29 of the Civil Practice Act on several grounds. Only that of untimeliness merits consideration. The note of issue which they filed and served contained a statement pursuant to the special rule of the Appellate Division of this department respecting calendar practice to the effect that there had been a reasonable opportunity to complete the allowable preliminary proceedings, that the parties did not intend to conduct such and that the case was ready for trial. The defendants failed to…