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REMBERT v. LIPSHUTZ

87 A.D.2d 1004 (1982)

Luciana Rembert, by Her Parent and Natural Guardian, Mildred Rembert et al., Respondents, v. Robert M. Lipshutz, Appellant

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

April 12, 1982

Order unanimously reversed and motion granted, without costs.

Memorandum:

Defendant's timely motion to strike the case from the Trial Calendar should have been granted since the record established that plaintiff filed a note of issue and statement of readiness before defendant had a reasonable opportunity to complete disclosure and notice of physical or mental examination of the infant plaintiff (see Sado v Sado, 32 A.D.2d 546

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