Order entered January 28, 1969, unanimously modified, on the law, on the facts and in the exercise of discretion, without costs and disbursements, to provide that the statement of readiness heretofore served and filed by plaintiff be vacated, and the action, if it appears on the Trial Term Calendar, be stricken therefrom.
There has been a failure to comply with the provisions of subdivision 4 of rule IV of the New York County Supreme Court Rules (22 NYCRR 660.4 [d...
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