Ortiz v. Valdescastilla

Order, Supreme Court, New York County (A. F. Klein, J.), entered April 12, 1983, denying defendants’ motion to strike the action from the calendar, is unanimously reversed, on the law and the facts, and in the exercise of discretion, with costs, and the motion to strike the action from the calendar is granted, without prejudice to the service and filing of a new statement of readiness and note of issue, if and when warranted. Rule 660.4 (d) (4) (ii) and (iii) of the Rules of the Supreme Court, New York and Bronx Counties (22 NYCRR), provides that the court may strike an action from the…