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MALLON v. BERGER BOILER CO., INC.

234 A.D.2d 35 (1996)

650 N.Y.S.2d 563

Catherine Mallon, Appellant, v. Berger Boiler Co., Inc., et al., Respondents

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

December 5, 1996

The court properly struck the note of issue as there were outstanding requests for discovery and as plaintiff has not been deposed (22 NYCRR 202.21 [e]). Upon completion of discovery, plaintiff may move to restore the note of issue in its original...

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