Weisner v. Weisner

The plaintiff moves (a) to vacate the statement of readiness and note of issue filed by the defendant and to strike the case from the calendar and (b) for an examination before trial of certain named witnesses. By cross motion, defendant seeks to vacate the plaintiff’s demand, in its entirety, for a bill of particulars, which is addressed to the three separate, distinct and complete affirmative defenses.

It appears that an order of this court dated February 28,1962 directed1 ‘ that this cause shall be noticed for trial for the earliest available term”. This direction appeared in a memorandum…