Claybourne v. City of New York

Appellate Division of the Supreme Court of New York

Claybourne v. City of New York

128 A.D.2d 667, 513 N.Y.S.2d 165, 1987 N.Y. App. Div. LEXIS 44357

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

DecidedMarch 16, 1987

StatusPublished

Cited by4 cases

This text of 128 A.D.2d 667 (Claybourne v. City of New York) 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

Claybourne v. City of New York, 128 A.D.2d 667, 513 N.Y.S.2d 165, 1987 N.Y. App. Div. LEXIS 44357 (N.Y. Ct. App. 1987).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Hyman, J.), dated August 29, 1985, which denied their motion to compel examinations before trial of the municipal defendants and imposed a sanction of $100.

Ordered that the order is modified, by deleting the provision thereof which imposed a sanction of $100. As so modified, the order is affirmed, with costs to the respondents.

The plaintiffs’ motion pursuant to CPLR 3124 for court-ordered depositions was properly denied because no showing was made of a previous demand for pretrial examinations (see, Wiseman v American Motors Sales Corp., 103 AD2d 230). The sanction, however, cannot be imposed because there is neither [668]*668a statute nor a court rule authorizing its imposition (see, Matter of A. G. Ship Maintenance Corp. v Lezak, 69 NY2d 1). Thompson, J. P., Niehoff, Weinstein and Spatt, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Hyman, J.), dated August 29, 1985, which denied their motion to compel examinations before trial of the municipal defendants and imposed a sanction of $100.

Ordered that the order is modified, by deleting the provision thereof which imposed a sanction of $100. As so modified, the order is affirmed, with costs to the respondents.

The plaintiffs’ motion pursuant to CPLR 3124 for court-ordered depositions was properly denied because no showing was made of a previous demand for pretrial examinations (see, Wiseman v American Motors Sales Corp., 103 AD2d 230). The sanction, however, cannot be imposed because there is neither [668]*668a statute nor a court rule authorizing its imposition (see, Matter of A. G. Ship Maintenance Corp. v Lezak, 69 NY2d 1). Thompson, J. P., Niehoff, Weinstein and Spatt, JJ., concur.

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Bluebook (online)

128 A.D.2d 667, 513 N.Y.S.2d 165, 1987 N.Y. App. Div. LEXIS 44357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claybourne-v-city-of-new-york-nyappdiv-1987.

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