In a construction lien proceeding, the moving party sought to set the action down for trial on the existing pleadings before expiry of the statutory deadline under section 37.
The responding party objected, arguing the proposal would improperly extend time and delay the action.
The court distinguished prior authority and found the procedural history showed active steps had been taken to advance the matter within time.
The court held the objection sought an unwarranted tactical advantage and accepted the proposed without-prejudice filing approach pending rulings on the motion and cross-motion.
