Legal Opinion

De Lucco v. Davidson

New York Supreme Court

Decided November 9, 1984PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

John W. Grow, J.

Plaintiff has moved for an order permitting further discovery in this medical malpractice action despite the fact that plaintiff’s previous attorney, Angelo Felice, Esq., filed a note of issue and statement of readiness in August of 1983.

A party who files and serves a statement of readiness waives his right to further pretrial discovery unless he moves to vacate the statement within 20 days of its filing. (Marchitelli v Greco Sales & Serv., 52 AD2d 746, 747; Uniform Calendar and Practice Rules for the Fourth Department, 22 NYCRR 1024.4.) This rule is to be…

2Cases cited4 opinions

  1. Blondell v. MaloneAppellate Division of the Supreme Court of the State of New York · 1983
  2. Doll v. KleinklausAppellate Division of the Supreme Court of the State of New York · 1978
  3. Marchitelli v. Greco Sales & Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
  4. Pindar v. Parke Davis & Co.New York Supreme Court · 1972

3Cited by1 opinion

  1. Simpson v. K-Mart Corp.Appellate Division of the Supreme Court of the State of New York · 1997

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