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Petrosky v. Vissicchio

Peter W. Petrosky, Doing Business as Manhasset Home Improvement v. Jack A. Vissicchio, Also Known as Jack Vickers

Petrosky v. Vissicchio, 59 A.D.2d 938 (1977)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
November 28, 1977
Citations
59 A.D.2d 938399 N.Y.S.2d 6921977 N.Y. App. Div. LEXIS 14174

Opinion of the Court

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In an action to recover for work, labor and services, defendant appeals from an order of the Supreme Court, Nassau County, entered July 26, 1977, which granted plaintiff’s motion to compel him to appear for an examination before trial. Order reversed, with $50 costs and disbursements, and motion denied. After having filed a statement of readiness without having taken the defendant’s deposition, the plaintiff should not be permitted under rule 675.7 of the rules of this court (22 NYCRR 675.7) to assert as "unusual and unanticipated conditions” those which arise solely out of the proceedings in court subsequent to the filing of the statement of readiness. Under the former rule, a plaintiff filing a statement of readiness without taking the defendant’s deposition waived the right to take the deposition (see Morrison v Sam Snead Schools of Golf of N. Y., 13 AD2d 986 ). Hopkins, J. P., Latham, Cohalan and Damiani, JJ., concur.

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1983: 119832026peak 1983 · 1

Relies on it most ⓘ

  1. Davis v. High Society Magazine, Inc.92 A.D.2d 857 (1983)

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  1. Davis v. High Society Magazine, Inc.92 A.D.2d 857 (1983)

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Authorities cited 1

DepthCaseCited by
Morrison v. Sam Snead Schs. of Golf of N.Y., Inc., 13 A.D.2d 986 (1961) 7

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