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ATLAS v. POLLARD

12 A.D.2d 934 (1961)

Sheldon M. Atlas, Appellant, v. Barbara E. Pollard et al., Respondents

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

February 6, 1961

Order reversed, with $10 costs and disbursements; plaintiff's motion to vacate the defendants' notice to examine him before trial, granted.

The Special Rule requiring the filing of a Statement of Readiness is applicable to matrimonial actions. We find in this record no basis for the exercise of discretion in favor of denying the plaintiff's motion to vacate the defendants' notice (Norman v. Pyramid Cranes Co., 3 A.D.2d 927

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