SCHEURER v. XEROX CORPORATION


258 A.D.2d 332 (1999)

683 N.Y.S.2d 846

TRICIA SCHEURER, Respondent, v. XEROX CORPORATION, Appellant.

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

Decided February 11, 1999.


The motion court properly directed the parties to appear for a conference for the purpose of working out a disclosure schedule, in effect vacating defendant's 90-day notice, where the delay caused by plaintiff's failure to provide promised further responses to defendant's disclosure demands was not so extensive as to be indicative of an inclination not to proceed with the action (cf., Baczkowski v Collins Constr. Co., 89 N.Y.2d 499

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