EDWARDS v. SMALLWOOD


237 A.D.2d 109 (1997)

655 N.Y.S.2d 345

Thomas Edwards, Appellant, v. Steven Smallwood et al., Respondents

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

March 4, 1997


The action was properly struck from the trial calendar upon the ground that plaintiff's note of issue and certificate of readiness incorrectly stated that defendants had waived their right to a physical examination of plaintiff (22 NYCRR 202.21 [e]). As the motion court stated, the notice of availability served by plaintiff's attorneys was "of no value" since plaintiff's whereabouts at the time were unknown, even to his own attorney, and did not become known until shortly...

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