Najjar v. National Kinney Corp.

In an action to recover damages for the alleged breach of “a joint venture, partnership and agreement”, defendant appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated November 18, 1981, which, inter alia, denied its motion to strike the action from the Trial Calendar. Order reversed, with $50 costs and disbursements, and motion granted. Discovery by defendant was neither completed nor had it even commenced as of the date plaintiffs filed a note of issue and certificate of readiness for trial. Defendant, which did not waive its right to discovery, timely moved to…