Eastern Air Lines, Inc. v. Town of Islip
This text of 14 A.D.2d 792 (Eastern Air Lines, Inc. v. Town of Islip) 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.
Opinion
In our opinion, the granting of the motion was an improvident exercise of discretion. The excuse offered by the defendant’s attorney of record for the delay in moving of one year after the note of issue was served and filed, namely: that he has no recollection of having received the plaintiff’s note of issue without a jury demand, was inadequate. Moreover, the transfer of the action on the eve of trial from the Nonjury to the Jury Calendar is prejudicial to the plaintiff, since such transfer will result in delaying the trial for about four years. Nolan, P. J., Beldock, Kleinfeld, Christ and Brennan, JJ., concur.
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Cite This Page — Counsel Stack
14 A.D.2d 792, 220 N.Y.S.2d 461, 1961 N.Y. App. Div. LEXIS 8582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eastern-air-lines-inc-v-town-of-islip-nyappdiv-1961.