Cassidy v. Kolonsky

Appeal from an *881amended order of the Supreme Court, entered in Saratoga County, granting respondents’ motion to compel an examination before trial. Appellant objects to the examination before trial here involved on the ground that the note of issue had been filed almost two years previous and the case was on the Day Calendar in September, 1970, at which time it was marked ready by all parties, and we believe correctly so. The statement of readiness rule (22 NYCRR 861.10) must be strictly enforced, and absent a showing of unusual and extraordinary circumstances, disclosure devices cannot be…