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Nersesian v. Humane Society of United States

29 A.D.2d 722 Court N.Y. App. Div. Decision date 1968-01-19 English

Delivered by Herlihy, J.

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p. 722
Arthur R. Nersesian, Doing Business as Rock Mountain Valley Farm, Appellant, v. Humane Society of the United States et al., Respondents.

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 loches 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.