DiPiano v. Truchly

Appellate Division of the Supreme Court of New York

DiPiano v. Truchly

221 A.D.2d 182, 633 N.Y.S.2d 156, 1995 N.Y. App. Div. LEXIS 11567

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

DecidedNovember 9, 1995

StatusPublished

This text of 221 A.D.2d 182 (DiPiano v. Truchly) 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

DiPiano v. Truchly, 221 A.D.2d 182, 633 N.Y.S.2d 156, 1995 N.Y. App. Div. LEXIS 11567 (N.Y. Ct. App. 1995).

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Opinion

—Order, Supreme Court, New York County (Stanley Sklar, J.), entered on or about February 27, 1995, which denied plaintiffs’ motion for a direction that defendant comply with its demand for expert information by a date certain, unanimously affirmed, without costs, with leave to plaintiff to renew the motion before the IAS Court.

The court acted within its discretion when it determined that the case was at an early stage, such that there was not yet a need for a specific deadline by which defendant had to provide expert information pursuant to CPLR 3101 (d) (1). The IAS Court retains the power to prevent any abuse that may occur in further proceedings. Concur—Rosenberger, J. P., Rubin, Kupferman and Williams, JJ.

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—Order, Supreme Court, New York County (Stanley Sklar, J.), entered on or about February 27, 1995, which denied plaintiffs’ motion for a direction that defendant comply with its demand for expert information by a date certain, unanimously affirmed, without costs, with leave to plaintiff to renew the motion before the IAS Court.

The court acted within its discretion when it determined that the case was at an early stage, such that there was not yet a need for a specific deadline by which defendant had to provide expert information pursuant to CPLR 3101 (d) (1). The IAS Court retains the power to prevent any abuse that may occur in further proceedings. Concur—Rosenberger, J. P., Rubin, Kupferman and Williams, JJ.

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Bluebook (online)

221 A.D.2d 182, 633 N.Y.S.2d 156, 1995 N.Y. App. Div. LEXIS 11567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dipiano-v-truchly-nyappdiv-1995.