In an action for an accounting with respect to an alleged partnership, plaintiff appeals from an order of the Supreme Court, Queens County, dated March 29, 1960, which granted defendant’s motion to strike the action from the trial calendar by reason of plaintiff’s failure to comply with the Special Rule of this court pertaining to the filing of a statement of readiness, in that plaintiff defaulted in appearing for examination before trial pursuant to notice served by defendant. Order reversed, in the exercise of discretion, without costs; action directed to be restored to the calendar; and motion denied on condition that, at least ten days prior to the trial of the action, plaintiff shall appear at Special Term, Part II, of the Supreme Court, Queens County, and shall submit to examination before trial by defendant with respect to the relevant and material allegations of fact put in issue by the pleadings; and on the further condition that, at least five days prior to such appearance, plaintiff shall give defendant written notice specifying the date and hour on which he will appear for the examination.
