(Download) "Robert J. Cerrone Et Al. v. William S'Doia" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Robert J. Cerrone Et Al. v. William S'Doia
- Author : Supreme Court of New York
- Release Date : January 20, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Plaintiffs appeal from an order of Special Term which granted defendant-respondent's motion to preclude them from giving evidence at the trial of the action, of the items of which particulars were not delivered as demanded in a notice therefor. The action is one for an accounting, and for money damages. The summons was served on defendant-respondent on February 26, 1959. Issue was joined May 19, 1959 and on May 28, 1959 a note of issue with statement of readiness was filed by plaintiffs and served on defendant's attorneys. It stated that all pleadings had been served, that service of a bill of particulars had been waived, and that there had been a reasonable opportunity to complete the above proceedings. Defendant-respondent did not move within 20 days after filing the note of issue, to strike the case from the calendar nor did it thereafter move to open its default in complying in that respect with Appellate Division, Fourth Department, Special Rule Respecting Calendar Practice.
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