SINGLETARY v. SPELL


31 A.D.2d 945 (1969)

Robert Singletary et al., Appellants, v. William E. Spell, Respondent

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

March 10, 1969


Order modified, on the law and the facts, by adding the following to the decretal paragraph thereof: "except that the motion is granted to the extent of reinstating plaintiffs' statement of readiness." As so modified, order affirmed, with $10 costs and disbursements to appellants.

It is uncontradicted that plaintiffs filed the statement of readiness prematurely, but thereafter, and prior to the return date of the previous motion by defendant to strike the statement...

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