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CALLAHAN v. INT'L TERMINAL OPERATING CO., INC.

36 A.D.2d 531 (1971)

William Callahan, Respondent, v. International Terminal Operating Co., Inc., Appellant, et al., Defendant

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

January 18, 1971

Order reversed, without costs, and motion denied without prejudice to renewal upon proper papers.

In our opinion, it was an improvident exercise of discretion to permit plaintiff to file a belated statement of readiness and to restore the case to the Trial Calendar on the sole proviso that he file therewith an affidavit of merits. The function of an affidavit of merits is not a mere formality. Such affidavit is designed to reveal "not only * * * that plaintiff has...

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