Fidler v. Public Constructors, Inc.

Order unanimously affirmed, without costs. Memorandum: Defendant appeals from a Special Term order which required it to submit to an examination before trial and to produce its books and records on the examination. The action was commenced on December 16, 1966 to foreclose a mechanics lien. Issue was joined on December 29, 1966. On October 8, 1968 plaintiff’s attorney having died, another attorney filed a note of issue. Through an error by a court clerk the case was removed from the calendar on the erroneous assumption that it had been settled. On August 18, 1971 plaintiff’s presentv…