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Mazzara v. Town of Pittsford

Appellate Division of the Supreme Court of New York, Fourth Department
May 16, 1968
30 A.D.2d 634 (N.Y. App. Div. 1968)

Opinion

May 16, 1968

Appeal from the Monroe Special Term.

Present — Williams, P.J., Goldman, Del Vecchio, Marsh and Witmer, JJ.


Order unanimously reversed, without costs, and motion granted. Memorandum: The function of the note of issue and certificate of readiness is to give assurance that only those cases are on the Trial Calendar which are ready for trial, hence all pretrial procedures must be completed or waived. The plaintiff did not waive his right to an examination before trial and his motion to vacate the note of issue and certificate of readiness should be granted since the case at that point was not ready for trial and should not have been on the Trial Calendar.


Summaries of

Mazzara v. Town of Pittsford

Appellate Division of the Supreme Court of New York, Fourth Department
May 16, 1968
30 A.D.2d 634 (N.Y. App. Div. 1968)
Case details for

Mazzara v. Town of Pittsford

Case Details

Full title:PETER MAZZARA, Appellant, v. TOWN OF PITTSFORD et al., Respondents. (No…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 16, 1968

Citations

30 A.D.2d 634 (N.Y. App. Div. 1968)

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