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FITZGERALD v. STATE OF NEW YORK

46 Misc.2d 146 (1965)

Samuel Bedingfield et al., Plaintiffs, v. Dairymaid Farms, Inc., et al., Defendants.

Supreme Court, Special Term, Suffolk County.

April 21, 1965

Attorney(s) appearing for the Case

Robert H. Skigen for plaintiffs. Walter C. Marshall for Gem Oil Co., Inc., defendant. Hanner, Fitzmaurice & Onorata for codefendant.

HENRY M. ZALESKI, J.

Motion for reconsideration is granted and on reconsideration the court adheres to its original decision.

On January 5, 1965 plaintiffs filed a note of issue. At the time of filing of the note of issue no statement of readiness had, nor has one yet, been filed. In that state of the record, this court held that the note of issue was premature, citing for that conclusion rules I, II...

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