FINN v. McLAREN


14 Misc.2d 743 (1958)

Thomas Finn, Jr., an Infant, by His Guardian ad Litem, Thomas Finn, et al., Plaintiffs, v. Robert McLaren, Defendant.

Supreme Court, Special Term, Bronx County.

June 16, 1958.


Attorney(s) appearing for the Case

Herman H. Wallberg and Sherman C. Bernhard for plaintiffs.

Flood & De Caro (Mark A. Lombardi of counsel), for defendant.


MATTHEW M. LEVY, J.

Motion by plaintiffs to vacate defendant's notice to examine plaintiffs before trial in this negligence action is granted.

Issue was first joined on January 11, 1957; an amended answer was served on June 10, 1957. A note of issue and statement of readiness were duly served by plaintiffs on or about September 4, 1957. The Special Rule Respecting Calendar Practice permitted defendant, within 20 days thereafter, to move to strike...

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