NIAGARA FALLS URBAN RENEWAL AGENCY v. POMEROY REAL ESTATE CORP.


74 A.D.2d 734 (1980)

Niagara Falls Urban Renewal Agency, Appellant, v. Pomeroy Real Estate Corporation et al., Respondents

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

February 20, 1980


Order unanimously reversed, without costs, and motion granted, in accordance with the following memorandum: Plaintiff filed and served a note of issue and statement of readiness in this condemnation action on October 16, 1978. Thereafter, on February 8, 1979 defendants served plaintiff with a notice for an examination before trial. On February 16, 1979 plaintiff moved for a protective order, seeking to vacate the notice on the grounds that the statement of readiness was filed...

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