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  5. 36 A.D.2d 642 (1971)
 

SHIELDS v. KING DAVID BUNGALOW COLONY, INC.

36 A.D.2d 642 (1971)

Fannie Shields, Individually and as Administratrix of The Estate of Willie Shields, Deceased, Respondent, v. King David Bungalow Colony, Inc., Appellant

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

February 22, 1971

Order reversed, with $10 costs and disbursements; defendant's motion granted; and plaintiff's cross motion denied.

Plaintiff served a note of issue without a statement of readiness in January, 1970, and in May, 1970 served a notice to examine defendant before trial. In our view, plaintiff's failure to serve the notice of examination within the 60-day period following the service of the note of issue as provided by the rules...

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