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COOPER v. SWALLOW

55 A.D.2d 752 (1976)

Earle N. Cooper, as Executor of Beatrice M. Hotaling, Deceased, Respondent, v. Donald J. Swallow et al., Appellants

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

December 16, 1976

This is an appeal from an order allowing an examination before trial of one of the defendants more than one year after a Trial Term note of issue and statement of readiness had been filed by plaintiff (22 NYCRR 861.10). Although as a general rule the statement of readiness rule should be rigidly enforced (Wahrhaftig v Space Design Group, 33 A.D.2d 953), in a case such as the instant wrongful death action, in which the facts are peculiarly...

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