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

Appellate Division of the Supreme Court of the State of New York·Decided February 3, 1989·Published·Cited by 1 cases

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.

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).

Pincite

147 A.D.2d 901 (Blais Construction Co. v. Hanover Square Associates-One) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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