Northern Lumber Co. v. United States Natural Resources, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously affirmed, with costs. Memorandum: Defendant appeals from an order denying its motion to strike the action from the trial calendar made within 20 days after the filing by plaintiff of a note of issue and statement of readiness. The motion was made on the ground that defendant had not completed all of its desired pretrial procedures. Plaintiff’s cause of action for breach of warranty was based upon purchase of certain machinery in August, 1967. Issue was joined by service of an answer on June 20, 1971. On January 14, 1972 plaintiff served its bill of particulars. Thereafter…
2Cited by1 opinion
- Caldwell Development Corp. v. Mapleport Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1977