RUBENSTEIN v. DEVOE


84 Misc.2d 477 (1975)

Ellen Rubenstein, Individually and as Executrix of Barry Rubenstein, Deceased, Plaintiff, v. Truston Devoe, Defendant.

Supreme Court, Trial Term, Nassau County.

December 2, 1975


Attorney(s) appearing for the Case

Shayne, Dachs, Weiss, Kolbrener, Stanisci & Harwood for plaintiff. Furey & Mooney for defendant.


DAVID T. GIBBONS, J.

It is ordered that this motion by plaintiff for an order striking the answer of the defendant by reason of his failure to comply with the plaintiff's notice for discovery and inspection dated October 8, 1975 is determined as follows:

After a note of issue and statement of readiness was filed by the plaintiff on April 9, 1975, CPLR 3101 was amended by chapter 668 of the Laws of 1975...

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