PETROSKY v. VISSICCHIO


59 A.D.2d 938 (1977)

Peter W. Petrosky, Doing Business as Manhasset Home Improvement, Respondent, v. Jack A. Vissicchio, Also Known as Jack Vickers, Appellant

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

November 28, 1977


Order reversed, with $50 costs and disbursements, and motion denied.

After having filed a statement of readiness without having taken the defendant's deposition, the plaintiff should not be permitted under rule 675.7 of the rules of this court (22 NYCRR 675.7) to assert as "unusual and unanticipated conditions" those which arise solely out of the proceedings in court subsequent to the filing of the statement of readiness. Under the former rule, a plaintiff filing...

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