ORTIZ v. VALDESCASTILLA


98 A.D.2d 610 (1983)

Alvaro Ortiz, Respondent, v. Dimarco Valdescastilla et al., Appellants

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

December 1, 1983


Rule 660.4 (d) (4) (ii) and (iii) of the Rules of the Supreme Court, New York and Bronx Counties (22 NYCRR), provides that the court may strike an action from the calendar on the grounds "(ii) that all preliminary proceedings have not been completed; (iii) that a material fact set forth in the statement of readiness is incorrect". On September 13, 1982 defendants served a notice to take plaintiff's deposition on October 21, 1982. On October 20, 1982 plaintiff moved for summary...

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