Plaintiff's note of issue and statement of readiness in this construction accident case were served at a time when Masons had yet to be joined as a party defendant in the main action brought by plaintiff and, consequently, had not yet served its answer therein. Clearly, Masons had no reasonable opportunity to complete discovery vis-à-vis plaintiff. Under the circumstances, it was an improvident exercise of discretion for the IAS Court to retain the action on the trial...
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