VERDE-ROSE v. DI NOTO BAKING CO.


13 A.D.2d 79 (1961)

Mary Verde-Rose, Respondent, v. Di Noto Baking Co. et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 18, 1961.


Attorney(s) appearing for the Case

James B. McLaughlin for appellants.

Julius Wolfson for respondent.

BREITEL, J. P., VALENTE, McNALLY, STEUER and BASTOW, JJ., concur.


Per Curiam.

Defendants' application to examine the plaintiff before trial was denied on the ground that a certificate of readiness was on file. As will be seen, this is a compelling reason for denying the right to examine. It appears, however, that defendants had defaulted in answering and plaintiff was given permission to put the case on the calendar for the purposes of an assessment of damages, and that the certificate was filed in connection with and pursuant...

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