Blais Construction Co. v. Hanover Square Associates-One

Appellate Division of the Supreme Court of New York

Blais Construction Co. v. Hanover Square Associates-One

147 A.D.2d 901, 538 N.Y.S.2d 728, 1989 N.Y. App. Div. LEXIS 1239

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

DecidedFebruary 3, 1989

StatusPublished

Cited by1 cases

This text of 147 A.D.2d 901 (Blais Construction Co. v. Hanover Square Associates-One) 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

Blais Construction Co. v. Hanover Square Associates-One, 147 A.D.2d 901, 538 N.Y.S.2d 728, 1989 N.Y. App. Div. LEXIS 1239 (N.Y. Ct. App. 1989).

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Opinion

Order unanimously reversed on the law without costs and motion granted. Memorandum: Special Term erred in refusing to vacate the note of issue and statement of readiness because the case is not ready for trial (see, 22 NYCRR 202.21 [e]). In the circumstances presented, defendants have not had a reasonable opportunity to complete discovery (see, Bycomp, Inc. v New York Racing Assn., 116 AD2d 895; Heritage Knitwear v Jonathan Logan, Inc., 115 AD2d 389; Hutchins v Wand, 82 AD2d 928). (Appeal from order of Supreme Court, Onondaga County, Mordue, J. — strike note of issue.) Present — Dillon, P. J., Doerr, Green, Pine and Davis, JJ.

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Order unanimously reversed on the law without costs and motion granted. Memorandum: Special Term erred in refusing to vacate the note of issue and statement of readiness because the case is not ready for trial (see, 22 NYCRR 202.21 [e]). In the circumstances presented, defendants have not had a reasonable opportunity to complete discovery (see, Bycomp, Inc. v New York Racing Assn., 116 AD2d 895; Heritage Knitwear v Jonathan Logan, Inc., 115 AD2d 389; Hutchins v Wand, 82 AD2d 928). (Appeal from order of Supreme Court, Onondaga County, Mordue, J. — strike note of issue.) Present — Dillon, P. J., Doerr, Green, Pine and Davis, JJ.

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Bluebook (online)

147 A.D.2d 901, 538 N.Y.S.2d 728, 1989 N.Y. App. Div. LEXIS 1239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blais-construction-co-v-hanover-square-associates-one-nyappdiv-1989.

Opinion

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