Issue in this matter was joined on December 13, 1961. Heretofore plaintiff was directed to complete pretrial procedures and to file a note of issue for the November 1963 Term. The defendant now moves pursuant to rule 3211 (subd. [a], par. 7) of the Civil Practice Law and Rules for dismissal of the complaint for legal insufficiency and by separate motion to vacate plaintiff's notice of examination upon the ground that an appeal is pending...
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