Fischberg v. Antar

Appellate Division of the Supreme Court of New York

Fischberg v. Antar

71 A.D.2d 1013, 420 N.Y.S.2d 368, 1979 N.Y. App. Div. LEXIS 13356

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

DecidedSeptember 28, 1979

StatusPublished

This text of 71 A.D.2d 1013 (Fischberg v. Antar) 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

Fischberg v. Antar, 71 A.D.2d 1013, 420 N.Y.S.2d 368, 1979 N.Y. App. Div. LEXIS 13356 (N.Y. Ct. App. 1979).

Pincite

Opinion

—In an action against the guarantor of a promissory note, defendant appeals from so much of an order of the Supreme Court, Kings County, dated April 12, 1979, as granted his motion to strike the complaint unless plaintiff Weinstein appeared for a further examination before trial, at least three days before the trial of the action. Order modified by deleting therefrom the words "(3) three days” and substituting therefor the words "(30) thirty days”. As so modified, order affirmed insofar as appealed from, with $50 costs and disbursements to appellant. Under the circumstances, the continued examination should take place not less than 30 days prior to the trial. Damiani, J. P., O’Connor, Lazer and Rabin, JJ., concur.

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—In an action against the guarantor of a promissory note, defendant appeals from so much of an order of the Supreme Court, Kings County, dated April 12, 1979, as granted his motion to strike the complaint unless plaintiff Weinstein appeared for a further examination before trial, at least three days before the trial of the action. Order modified by deleting therefrom the words "(3) three days” and substituting therefor the words "(30) thirty days”. As so modified, order affirmed insofar as appealed from, with $50 costs and disbursements to appellant. Under the circumstances, the continued examination should take place not less than 30 days prior to the trial. Damiani, J. P., O’Connor, Lazer and Rabin, JJ., concur.

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Bluebook (online)

71 A.D.2d 1013, 420 N.Y.S.2d 368, 1979 N.Y. App. Div. LEXIS 13356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fischberg-v-antar-nyappdiv-1979.