[DOWNLOAD] "Wayne E. Edwards Corporation v. Angelos P. Romas" by Supreme Court of New York ~ Book PDF Kindle ePub Free

eBook details

Title: Wayne E. Edwards Corporation v. Angelos P. Romas
Author : Supreme Court of New York
Release Date : January 16, 1971
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 68 KB

Description

In this action for the foreclosure of a mechanic's lien, the summons and complaint were served on April 24, 1969, the answer
on May 7, 1969 and the note of issue with a statement of readiness was filed on May 20, 1969. The case was marked ready for
trial on October 1, 1969, a pretrial conference was scheduled for October 29, 1969 and upon the nonappearance of defendant's
attorney, the matter was adjourned to the December 1969 Trial Term. On December 5, 1969 defendant served a demand for a bill
of particulars and a notice for an examination before trial. Defendant having failed to move to strike the case from the calendar
within 30 days after the note of issue and statement of readiness were filed and served (22 NYCRR 861.10 [c]) and absent a
factual showing of unusual and anticipated conditions, there was a waiver of his right to pursue proceedings for disclosure
(Liberty Dressing Co. v. Foster Sportswear Co., 14 A.D.2d 196, 197) and bill of particulars (Cerrone v. S'Doia, 11 A.D.2d
350, 352) and the discretion of the County Court should not be disturbed (cf. Wahrhaftig v. Space Design Group, 33 A.D.2d
953). Disposition Order affirmed, with costs.