Order, entered on November 22, 1961, denying defendant's motion to strike this case from the Trial Calendar and to vacate and set aside the note of issue, unanimously reversed, on the law and the facts, with $20 costs and disbursements to defendant-appellant, and the motion is granted, with $10 costs.
At the time of the service of the note of issue, the case was not at issue since a proper reply to the counterclaims asserted by defendant had not been served. Moreover...
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