It was sharp practice for plaintiff's counsel, on or about January 29, 1985, to file a note of issue and statement of readiness indicating "there are no outstanding requests for discovery," when defendant's attorney, by letter of January 10, 1985 and by follow-up letter of January 24, 1985, had inquired of him as to whether plaintiff's aunt, a witness, who was claiming lack of service, would appear for deposition, if re-served. Apparently, defendant's counsel had made the...
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