TIL v. O'BRIEN


53 A.D.2d 1030 (1976)

Frank Z. Til et al., Respondents, v. James V. O'Brien, Appellant

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

July 12, 1976


Order unanimously reversed, without costs, and motion denied.

Memorandum:

This negligence action was commenced on March 28, 1972 seeking damages for an accident which occurred on January 31, 1970. A note of issue was filed on April 21, 1972, examinations before trial were had and the action reached the Erie County Supreme Court held causes calendar on November 7, 1973. Pursuant to the rules it was stricken from the calendar because a statement of readiness...

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