Kolar v. Rusiecki

In an action for an accounting with respect to an alleged partnership, plaintiff appeals from an order of the Supreme Court, Queens County, dated March 29, 1960, which granted defendant’s motion to strike the action from the trial calendar by reason of plaintiff’s failure to comply with the Special Rule of this court pertaining to the filing of a statement of readiness, in that plaintiff defaulted in appearing for examination before trial pursuant to notice served by defendant. Order reversed, in the exercise of discretion, without costs; action directed to be restored to the calendar; and…