¶ Special Term appropriately observed in its initial order and decision granting summary judgment to the defendant that in a note of issue dated September 7, 1982, plaintiff had indicated that all necessary discovery proceedings had been completed. The fact that the case had been removed from the calendar by agreement between the parties in October of 1982, and was not on the calendar at the time the motion for summary judgment was made is irrelevant. Moreover, it appears...
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