BREITBART v. GERBER


14 Misc.2d 293 (1958)

Charles H. Breitbart, Plaintiff, v. Henrietta Gerber et al., Defendants.

Supreme Court, Trial Term, Kings County.

May 7, 1958.


Attorney(s) appearing for the Case

Caverly, Dimond, Dwyer & Lawless for defendants.

Schwartz, Levitt & Sommer for plaintiff.


BENJAMIN BRENNER, J.

Defendants' motion to strike the action from the trial calendar is denied and the plaintiff's motion to vacate defendants' notice to examine plaintiff before trial is granted. The defendants have not moved within the 20-day period provided by subdivision (5) of the special readiness rule and have unreasonably neglected to seek the examination before trial for some four months after receipt...

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