Otto Marzian v. Russell D'Oench

In a negligence action to recover damages for personal injuries, defendant Grace National Bank of New York, as trustee, appeals from two separate of the Supreme Court, Queens County, dated respectively December 13, 1966 and December 15, 1966, each of which granted a single motion by plaintiff to vacate the dismissal of the action because of his failure to file a statement of readiness, permitted him to file such statement and restored the action to its original position on the Trial Term Calendar. Orders reversed, with $10 costs and disbursements, and motion denied. In our opinion, slothful and casual supervision of the calendar status of a pending action by a plaintiff's counsel, as heretofore pronounced by this court, ""may not serve to defeat the mandatory requirements of the rule calling for the filing of a statement of readiness"" (Abbey v. Trynin, 9 A.D.2d 913; Green v. Long Is. School of Aeronautics, 12 A.D.2d 640). Christ, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.