FRIED v. SEVILLE


22 A.D.2d 690 (1964)

Emil Fried, Respondent, v. Charles Seville et al., Appellants

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

October 13, 1964


Order affirmed, with $10 costs and disbursements.

The motion was made about nine months after plaintiff had filed his note of issue and statement of readiness, and after the case had appeared on the Day Calendar for trial (see Rules of Appellate Division, 2d Dept., part 7, rules III, VII, relating to statement of readiness). Admittedly, the accountants' report was completed and delivered to plaintiff and his attorneys about six months before plaintiff placed the action...

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