Adamson v. Airweld, Inc.

Appellate Division of the Supreme Court of New York

Adamson v. Airweld, Inc.

188 A.D.2d 575

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 21, 1992

StatusPublished

This text of 188 A.D.2d 575 (Adamson v. Airweld, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adamson v. Airweld, Inc., 188 A.D.2d 575 (N.Y. Ct. App. 1992).

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Opinion

In an action to recover damages for personal injuries, the defendants Airweld, Inc., and Consolidated Oxygen and Equipment Corp. appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Gloria Cohen Aronin, J.), dated December 12, 1990, as denied their motion to strike the plaintiff’s note of issue.

Ordered that the order is reversed insofar as appealed from, with costs payable to the appellants by the plaintiff-respondent, and the appellants’ motion to strike the plaintiff’s note of issue is granted.

Contrary to the statement in the plaintiff’s note of issue, pretrial discovery was not completed. Accordingly, the note of issue is stricken (see, H&Y Realty Co. v Baron, 121 AD2d 238; Heritage Knitwear v Jonathan Logan, Inc., 115 AD2d 389; Ortiz v Valdescastilla, 98 AD2d 610; Saljoughy v Saljoughy, 97 AD2d 935). Sullivan, J. P., Balletta, Eiber and Santucci, JJ., concur.

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In an action to recover damages for personal injuries, the defendants Airweld, Inc., and Consolidated Oxygen and Equipment Corp. appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Gloria Cohen Aronin, J.), dated December 12, 1990, as denied their motion to strike the plaintiff’s note of issue.

Ordered that the order is reversed insofar as appealed from, with costs payable to the appellants by the plaintiff-respondent, and the appellants’ motion to strike the plaintiff’s note of issue is granted.

Contrary to the statement in the plaintiff’s note of issue, pretrial discovery was not completed. Accordingly, the note of issue is stricken (see, H&Y Realty Co. v Baron, 121 AD2d 238; Heritage Knitwear v Jonathan Logan, Inc., 115 AD2d 389; Ortiz v Valdescastilla, 98 AD2d 610; Saljoughy v Saljoughy, 97 AD2d 935). Sullivan, J. P., Balletta, Eiber and Santucci, JJ., concur.

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188 A.D.2d 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adamson-v-airweld-inc-nyappdiv-1992.

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