Brass v. Booth Memorial Hospital

Appellate Division of the Supreme Court of New York

Brass v. Booth Memorial Hospital

70 A.D.2d 894, 417 N.Y.S.2d 215, 1979 N.Y. App. Div. LEXIS 12480

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

DecidedJune 11, 1979

StatusPublished

This text of 70 A.D.2d 894 (Brass v. Booth Memorial Hospital) 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

Brass v. Booth Memorial Hospital, 70 A.D.2d 894, 417 N.Y.S.2d 215, 1979 N.Y. App. Div. LEXIS 12480 (N.Y. Ct. App. 1979).

Pincite

Opinion

— In a negligence action to recover damages for personal injuries, etc., the appeal is from an order of the Supreme Court, Queens County, dated December 21, 1978, which denied plaintiffs’ motion to strike the answer of the defendants-respondents Dr. Stanley Berliner, Dr. Leonard C. Burson and Queens Physicians Associates, P. C., upon condition that these defendants appear for an examination before trial upon a specified date. Order modified by adding thereto as a further condition that the respondents pay a total of $250 (the expense to be shared equally) to plaintiffs. As so modified, order affirmed, with $50 costs and disbursements to the plaintiffs. The respondent’s shall make the payment within 20 days after service upon them of a copy of the order to be entered hereon, together with notice of entry thereof. The examination before trial shall proceed at the place designated in the order [895]*895under review at a time to be fixed by the plaintiffs in a written notice of not less than 10 days, to be served after the aforesaid payment, or at such other time as the parties may agree. Although the Draconian remedy of dismissal is not warranted under the circumstances described, respondents did cause some of the delay complained of and additional sanctions are warranted to the extent provided for herein. Hopkins, J. P., Lazer, Rabin and Gulotta, JJ., concur.

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

— In a negligence action to recover damages for personal injuries, etc., the appeal is from an order of the Supreme Court, Queens County, dated December 21, 1978, which denied plaintiffs’ motion to strike the answer of the defendants-respondents Dr. Stanley Berliner, Dr. Leonard C. Burson and Queens Physicians Associates, P. C., upon condition that these defendants appear for an examination before trial upon a specified date. Order modified by adding thereto as a further condition that the respondents pay a total of $250 (the expense to be shared equally) to plaintiffs. As so modified, order affirmed, with $50 costs and disbursements to the plaintiffs. The respondent’s shall make the payment within 20 days after service upon them of a copy of the order to be entered hereon, together with notice of entry thereof. The examination before trial shall proceed at the place designated in the order [895]*895under review at a time to be fixed by the plaintiffs in a written notice of not less than 10 days, to be served after the aforesaid payment, or at such other time as the parties may agree. Although the Draconian remedy of dismissal is not warranted under the circumstances described, respondents did cause some of the delay complained of and additional sanctions are warranted to the extent provided for herein. Hopkins, J. P., Lazer, Rabin and Gulotta, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

70 A.D.2d 894, 417 N.Y.S.2d 215, 1979 N.Y. App. Div. LEXIS 12480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brass-v-booth-memorial-hospital-nyappdiv-1979.