Baldwin v. Newsday, Inc.

Appellate Division of the Supreme Court of New York

Baldwin v. Newsday, Inc.

46 A.D.2d 892, 363 N.Y.S.2d 803, 1974 N.Y. App. Div. LEXIS 3420

Appellate Division of the Supreme Court of the State of New York·Decided December 9, 1974·Published

Opinion

In a libel action, plaintiffs appeal from an order of the Supreme Court, Nassau County, dated September 17,1974, which denied their motion for further disclosure. Order reversed, in the interests of justice, without costs, motion granted and case stricken from the Trial Calendar. The incomplete preparation of plaintiffs’ cause may be attributable to their counsel’s lingering terminal illness, and they should not suffer as a result thereof. The case should be stricken from the Trial Calendar in order to permit both sides to pursue their respective pretrial procedures. Gulotta, P. J., Hopkins, Martuscello, Latham and Christ, JJ., concur. •

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In a libel action, plaintiffs appeal from an order of the Supreme Court, Nassau County, dated September 17,1974, which denied their motion for further disclosure. Order reversed, in the interests of justice, without costs, motion granted and case stricken from the Trial Calendar. The incomplete preparation of plaintiffs’ cause may be attributable to their counsel’s lingering terminal illness, and they should not suffer as a result thereof. The case should be stricken from the Trial Calendar in order to permit both sides to pursue their respective pretrial procedures. Gulotta, P. J., Hopkins, Martuscello, Latham and Christ, JJ., concur. •

Baldwin v. Newsday, Inc., 46 A.D.2d 892, 363 N.Y.S.2d 803, 1974 N.Y. App. Div. LEXIS 3420 (N.Y. Ct. App. 1974).

Pincite

46 A.D.2d 892 (Baldwin v. Newsday, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.