Andresen v. Buffalo Transit Co.

Appellate Division of the Supreme Court of New York

Andresen v. Buffalo Transit Co.

23 A.D.2d 813, 258 N.Y.S.2d 596, 1965 N.Y. App. Div. LEXIS 4492

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

DecidedApril 8, 1965

StatusPublished

Cited by2 cases

This text of 23 A.D.2d 813 (Andresen v. Buffalo Transit Co.) 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.

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Andresen v. Buffalo Transit Co., 23 A.D.2d 813, 258 N.Y.S.2d 596, 1965 N.Y. App. Div. LEXIS 4492 (N.Y. Ct. App. 1965).

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Opinion

Order insofar as it denies defendant’s motion for a protective order unanimously reversed and motion granted and otherwise order affirmed, without costs of this appeal to either party. Memorandum: Plaintiff’s notice to take deposition upon oral examination of defendant’s employee and for production of books and records was served 2% years after plaintiff had filed the first note of issue and certificate of readiness and 5 months after filing a second one. “WRere a plaintiff places a cause upon the calendar by the filing of a note of issue and certificate of readiness without having taken the defendant’s deposition such action constitutes a waiver of plaintiff’s right to take the deposition.” (Price v. Brody, 7 A D 2d 204, 205. See, also, Cerrone v. S’Doia, 11 A D 2d 350.) (Appeal from order of Erie Special Term granting plaintiff’s motion to serve amended complaint, denying defendant’s motion for protective order and to vacate plaintiff’s notice to produce.) Present — Williams, P. J., Bastow, Goldman, Noonan and Del Yecchio, JJ.

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Order insofar as it denies defendant’s motion for a protective order unanimously reversed and motion granted and otherwise order affirmed, without costs of this appeal to either party. Memorandum: Plaintiff’s notice to take deposition upon oral examination of defendant’s employee and for production of books and records was served 2% years after plaintiff had filed the first note of issue and certificate of readiness and 5 months after filing a second one. “WRere a plaintiff places a cause upon the calendar by the filing of a note of issue and certificate of readiness without having taken the defendant’s deposition such action constitutes a waiver of plaintiff’s right to take the deposition.” (Price v. Brody, 7 A D 2d 204, 205. See, also, Cerrone v. S’Doia, 11 A D 2d 350.) (Appeal from order of Erie Special Term granting plaintiff’s motion to serve amended complaint, denying defendant’s motion for protective order and to vacate plaintiff’s notice to produce.) Present — Williams, P. J., Bastow, Goldman, Noonan and Del Yecchio, JJ.

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Bluebook (online)

23 A.D.2d 813, 258 N.Y.S.2d 596, 1965 N.Y. App. Div. LEXIS 4492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andresen-v-buffalo-transit-co-nyappdiv-1965.

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