This action was commenced on or about June 17, 1998 with issue being joined on July 8, 1998. A notice of examination before trial was also served by defendant with his answer, scheduling plaintiff's deposition for August 27, 1998. On August 26, however, defense counsel contacted plaintiff's counsel and advised him that he would be unable to proceed with the deposition. Plaintiff responded by filing a note of issue and certificate of readiness the following day. The certificate...
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