DEVOE v. KING KULLEN GROCERY


35 Misc.2d 1026 (1962)

Emma Devoe, Plaintiff, v. King Kullen Grocery Co., Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

July 6, 1962


Attorney(s) appearing for the Case

George E. Mulry for plaintiff. Irving Segal for Sheila Homes, Inc., defendant. Bernard Helfenstein for King Kullen Grocery Co., Inc., defendant.


PAUL J. WIDLITZ, J.

By this motion, the plaintiff seeks to take her own testimony before trial seeking to perpetuate the same because of her sickness and infirmity A note of issue and statement of readiness was filed in this case for the May 1962 Term, and this instrument indicates that the parties have either completed or waived all preliminary pretrial proceedings.

The defendants contend the filing of the statement of readiness constitutes a...

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