Carter v. Schwartz

Appellate Division of the Supreme Court of New York

Carter v. Schwartz

70 A.D.2d 611, 415 N.Y.S.2d 1019, 1979 N.Y. App. Div. LEXIS 12027

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

DecidedMay 14, 1979

StatusPublished

This text of 70 A.D.2d 611 (Carter v. Schwartz) 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

Carter v. Schwartz, 70 A.D.2d 611, 415 N.Y.S.2d 1019, 1979 N.Y. App. Div. LEXIS 12027 (N.Y. Ct. App. 1979).

Pincite

Opinion

— In a dental malpractice action, defendant appeals from an order of the Supreme Court, Suffolk County, dated June 9, 1978, which (1) granted [612]*612plaintiffs’ motion to vacate the dismissal of the action and (2) directed him to appear for a continuance of his examination before trial. Order affirmed, without costs or disbursements, on condition that plaintiffs’ attorney personally pay the sum of $500 to the defendant within 20 days after service upon plaintiffs’ attorney of a copy of the order made hereon, together with notice of entry thereof. In the event such condition is not complied with, then order reversed, on the law, with $50 costs and disbursements, and motion denied. Since it appears from respondents’ brief that the examination before trial of defendant has now been completed, there is no reason why this case should not move expeditiously to trial. Hopkins, J. P., Damiani, Titone and Suozzi, JJ., concur.

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— In a dental malpractice action, defendant appeals from an order of the Supreme Court, Suffolk County, dated June 9, 1978, which (1) granted [612]*612plaintiffs’ motion to vacate the dismissal of the action and (2) directed him to appear for a continuance of his examination before trial. Order affirmed, without costs or disbursements, on condition that plaintiffs’ attorney personally pay the sum of $500 to the defendant within 20 days after service upon plaintiffs’ attorney of a copy of the order made hereon, together with notice of entry thereof. In the event such condition is not complied with, then order reversed, on the law, with $50 costs and disbursements, and motion denied. Since it appears from respondents’ brief that the examination before trial of defendant has now been completed, there is no reason why this case should not move expeditiously to trial. Hopkins, J. P., Damiani, Titone and Suozzi, JJ., concur.

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Bluebook (online)

70 A.D.2d 611, 415 N.Y.S.2d 1019, 1979 N.Y. App. Div. LEXIS 12027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-schwartz-nyappdiv-1979.