[Download] "George A. Morrison v. Sam Snead Schools Golf New York" by Supreme Court of New York # eBook PDF Kindle ePub Free

eBook details

Title: George A. Morrison v. Sam Snead Schools Golf New York
Author : Supreme Court of New York
Release Date : January 12, 1961
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

The plaintiff failed to show any facts warranting the granting of relief under paragraph (c) of subdivision (9) of the Statement of Readiness Rule of this court (see Rules App. Div. [2d Dept.], special rule, eff. Jan. 15, 1957, as amd.). Under this rule, when a plaintiff places a case upon the calendar by filing a note of issue and a statement of readiness without having taken the defendant's deposition, such action ordinarily constitutes a waiver of the plaintiff's right to take the deposition. It is only when unusual, unanticipated conditions develop thereafter that the court has discretion to depart from this interpretation of the rule. We find no such conditions in this case. The rule is intended to keep off the trial calendar all those cases which are not ready; and the rule prohibits any private understanding or arrangement between counsel for the purpose of avoiding it (cf. Price v. Brody, 7 A.D.2d 204; Aaron v. St. Peter's Hosp., 26 Misc. 2d 515). Disposition Order reversed, without costs, and motion denied.