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PADULA v. CITY OF NEW YORK

14 Misc.2d 259 (1958)

Sal Padula, an Infant, by His Guardian ad Litem, Pasquale Padula et al., Plaintiffs, v. City of New York, Defendant.

Supreme Court, Special Term, Kings County.

September 11, 1958.

Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel, for defendant.

Richard Garavieso for plaintiffs.

BENJAMIN BRENNER, J.

Plaintiffs filed a statement of readiness (Rules of App. Div., 2d Dept., special readiness rule) the very day that they served a bill of particulars upon the defendant. The statement indicates that the defendant has completed all proceedings except an examination before trial which it had a reasonable opportunity to complete. This manifestly cannot be since the defendant must first examine the bill of particulars served upon it and...

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