DE LUCCO v. DAVIDSON


126 Misc.2d 266 (1984)

William A. De Lucco, Plaintiff, v. Donald R. Davidson, II, et al., Defendants.

Supreme Court, Herkimer County.

November 9, 1984


Attorney(s) appearing for the Case

Robert F. Julian for plaintiff. Martin, Ganotis & Brown (Joseph Sofi of counsel), for Donald R. Davidson, II, and others, defendants. Carter, Conboy, Bardwell, Case & Blackmore (Eugene Nabierski of counsel), for Gurney E. Kelley and another, defendants. Smith, Sovik, Kendrick, Schwarzer & Sugnet (William E. Sugnet of counsel), for Mohawk Valley General Hospital, defendant. O'Shea, Griffin, McDonald, Hurd & Stevens (David N. Hurd of counsel), for Faxton Hospital and another, defendants.


JOHN W. GROW, J.

Plaintiff has moved for an order permitting further discovery in this medical malpractice action despite the fact that plaintiff's previous attorney, Angelo Felice, Esq., filed a note of issue and statement of readiness in August of 1983.

A party who files and serves a statement of readiness waives his right to further pretrial discovery unless he moves to vacate the statement within 20 days of its filing. (Marchitelli v Greco...

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