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DIDZIULIS v. CALLANAN INDUS., INC.

52 A.D.2d 669 (1976)

Joseph Didziulis et al., Respondents, v. Callanan Industries, Inc., Appellant

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

April 8, 1976

This action was commenced by the service of a summons on January 2, 1975. Issue was joined by the timely service of an answer on February 12, 1975. The plaintiffs' attorney then filed a note of issue and statement of readiness (22 NYCRR 861.9, 861.10) on February 17, 1975. The defendant promptly moved in accordance with 22 NYCRR 861.10(c) for an order striking the case from the calendar upon the ground that the case was not ready for trial in that the defendant had not had...

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