Bistricer v. J. & M. Knitting Co.

Appellate Division of the Supreme Court of New York

Bistricer v. J. & M. Knitting Co.

108 A.D.2d 711, 484 N.Y.S.2d 873, 1985 N.Y. App. Div. LEXIS 43049

Appellate Division of the Supreme Court of the State of New York·Decided February 4, 1985·Published

Opinion

In an action to foreclose a mortgage, plaintiff Bistricer appeals (1) from an order of the Supreme Court, Nassau County (Pantano, J.), dated February 27,1984, which denied his motion to strike the action from the Trial Calendar and (2) from an order of the same court, dated June 6, 1984, which denied his motion to renew.

Orders affirmed, with one bill of costs.

Under the circumstances of the case, which was commenced over seven years ago, appellant had ample time to complete discovery and, therefore, Special Term’s refusal to strike the action from the Trial Calendar was not an abuse of discretion (see, Hutchins v Wand, 82 AD2d 928; Polsinelli v Hanover Ins. Co., 62 AD2d 376). Thompson, J. P., Brown, Niehoff and Lawrence, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to foreclose a mortgage, plaintiff Bistricer appeals (1) from an order of the Supreme Court, Nassau County (Pantano, J.), dated February 27,1984, which denied his motion to strike the action from the Trial Calendar and (2) from an order of the same court, dated June 6, 1984, which denied his motion to renew.

Orders affirmed, with one bill of costs.

Under the circumstances of the case, which was commenced over seven years ago, appellant had ample time to complete discovery and, therefore, Special Term’s refusal to strike the action from the Trial Calendar was not an abuse of discretion (see, Hutchins v Wand, 82 AD2d 928; Polsinelli v Hanover Ins. Co., 62 AD2d 376). Thompson, J. P., Brown, Niehoff and Lawrence, JJ., concur.

Bistricer v. J. & M. Knitting Co., 108 A.D.2d 711, 484 N.Y.S.2d 873, 1985 N.Y. App. Div. LEXIS 43049 (N.Y. Ct. App. 1985).

Pincite

108 A.D.2d 711 (Bistricer v. J. & M. Knitting Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related