WALK & SMILE, INC. v. 2491 ATL. AVE. CORP.


150 A.D.2d 366 (1989)

Walk & Smile, Inc., Appellant v. 2491 Atlantic Avenue Corp., Defendant and Third-Party Plaintiff-Respondent. Automatic Sprinkler Company, Third-Party Defendant-Respondent. (Action No. 1.) Walk & Smile, Inc., Appellant, v. Automatic Sprinkler Company, Respondent. (Action No. 2.)

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

May 1, 1989


Ordered that the order is affirmed, with costs to the third-party defendant-respondent in action No. 1 and respondent in action No. 2.

After a precalendar conference on September 8, 1986, an order was issued directing the plaintiff to submit to an examination before trial on October 28, 1986, and directing it to complete discovery and file a note of issue on or before November 14, 1986. The trial was scheduled to commence on December 11, 1986. However, when the parties...

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