CAPRI BEACHWEAR, INC. v. AAA STRETCH, INC.


49 A.D.2d 831 (1975)

Capri Beachwear, Inc., Respondent, v. AAA Stretch, Inc., Appellant

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

October 14, 1975


The plaintiff filed a statement of readiness and a note of issue, and the defendant moved to strike on the ground that the pretrial procedures the defendant was conducting of the plaintiff had not been concluded. That the matter was not yet ready to be tried was demonstrated when the case went to trial and a mistrial was declared. The plaintiff, however, having filed its statement of readiness and note of issue, in the absence of unusual circumstances is barred from further...

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