Finn v. McLaren

Motion by plaintiffs to vacate defendant’s notice to examine plaintiffs before trial in this negligence action is granted.

Issue was first joined on January 11, 1957; an amended answer was served on June 10,1957. A note of issue and statement of readiness were duly served by plaintiffs on or about September 4, 1957. The Special Rule Respecting Calendar Practice permitted defendant, within 20 days thereafter, to move to strike the case from the calendar by affidavit showing in what respects the case was not ready for trial. This, defendant did not do. And now, a number of months after the…