Fellin v. Sahgal

Appellate Division of the Supreme Court of New York

Fellin v. Sahgal

249 A.D.2d 361, 670 N.Y.S.2d 800, 1998 N.Y. App. Div. LEXIS 4013

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

DecidedApril 13, 1998

StatusPublished

This text of 249 A.D.2d 361 (Fellin v. Sahgal) 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.

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Fellin v. Sahgal, 249 A.D.2d 361, 670 N.Y.S.2d 800, 1998 N.Y. App. Div. LEXIS 4013 (N.Y. Ct. App. 1998).

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Opinion

—In an action to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated July 8, 1997, as denied their motion, inter alia, for a judgment in their favor on the issue of liability against the defendant Long Island College Hospital, and, in effect, modified a prior order of the same court, entered October 24, 1996, by allowing the defendants additional time to comply therewith.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, it was not an improvident exercise of discretion for the Supreme Court, in effect, to modify the order entered October 24, 1996, and allow the defendants additional time to comply with an order directing production of a witness for the court-ordered deposition (see generally, CPLR 3126; Harris v City of New York, 211 AD2d 663, 664). Miller, J. P., Sullivan, Pizzuto and Friedmann, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated July 8, 1997, as denied their motion, inter alia, for a judgment in their favor on the issue of liability against the defendant Long Island College Hospital, and, in effect, modified a prior order of the same court, entered October 24, 1996, by allowing the defendants additional time to comply therewith.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, it was not an improvident exercise of discretion for the Supreme Court, in effect, to modify the order entered October 24, 1996, and allow the defendants additional time to comply with an order directing production of a witness for the court-ordered deposition (see generally, CPLR 3126; Harris v City of New York, 211 AD2d 663, 664). Miller, J. P., Sullivan, Pizzuto and Friedmann, JJ., concur.

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Bluebook (online)

249 A.D.2d 361, 670 N.Y.S.2d 800, 1998 N.Y. App. Div. LEXIS 4013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fellin-v-sahgal-nyappdiv-1998.

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