Offset Paperback Manufacturers, Inc. v. Banner Press, Inc.

Order, Supreme Court, New York County, dated November 22, 1978 granting plaintiff’s motion for discovery and striking the action from the Trial Calendar, is unanimously reversed, in toto, on the law and in the exercise of discretion, without costs, and plaintiff’s motion for discovery is denied and the action is restored to its place on the Trial Calendar for expeditious trial. This is an action for work, labor, services and materials, with defenses and counterclaims for breach of contract, improper performance, etc. The action was commenced in July, 1974, five years ago. Somehow it has…