Opinion
January 19, 1968
Appeal from an order denying the plaintiff's motion for an examination before trial subsequent to the filing of a note of issue and a certificate of readiness. Special Term found that the plaintiff had not "demonstrated such conditions to permit a departure from the statement of readiness rule" and additionally "the record demonstrates inexcusible laches in making the application". There was no abuse of the court's discretion in denying the said motion. Order affirmed, with $10 costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum by Herlihy, J.