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TITTLE v. KATZ

17 Misc.2d 867 (1959)

Joseph Tittle, Appellant, v. Samuel Katz et al., Defendants, and Gertrude Bertorelli et al., Respondents.

Supreme Court, Appellate Term, First Department.

April 2, 1959.

Attorney(s) appearing for the Case

Lieberman & Lee (Carroll & Trapani of counsel), for appellant.

Benjamin Sharaga and Harold H. Boxer for respondents.

Concur — HOFSTADTER, J. P., STEUER and TILZER, JJ.

Per Curiam.

Rule XXVII of the New York City Court Rules is substantially the same as the Special Rule Respecting Calendar Practice of the New York County Supreme Court. Under that rule, unless the defendant moves within 20 days after the filing of the certificate of readiness to strike the case from the calendar, he waives his right to take the plaintiff's deposition, at least in the absence of special, unusual or...

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