Ford v. J.R.D. Management Corp.

Appellate Division of the Supreme Court of New York

Ford v. J.R.D. Management Corp.

238 A.D.2d 307, 656 N.Y.S.2d 946, 1997 N.Y. App. Div. LEXIS 3431

Appellate Division of the Supreme Court of the State of New York·Decided April 7, 1997·Published·Cited by 1 cases

Opinion

—In a negligence action to recover damages for personal injuries, the defendant Wing Tung Wong, doing business as Phoenix Gift Shop, appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (I. Aronin, J.), dated July 3, 1996, as denied his motion to vacate the note of issue and certificate of readiness.

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

The court did not improvidently exercise its discretion when it refused to strike the case from the trial calendar based upon the appellant’s allegation that discovery had not yet been completed (see, Tsikos v Ottas, 233 AD2d 389; see also, Matter of Long Is. Light. Co. v Assessor of Town of Brookhaven, 122 AD2d 794). The appellant received substantially all of the discovery requested, and that the discovery which had not been made was due to the appellant’s own inaction. Bracken, J. P., Friedmann," Florio and McGinity, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In a negligence action to recover damages for personal injuries, the defendant Wing Tung Wong, doing business as Phoenix Gift Shop, appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (I. Aronin, J.), dated July 3, 1996, as denied his motion to vacate the note of issue and certificate of readiness.

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

The court did not improvidently exercise its discretion when it refused to strike the case from the trial calendar based upon the appellant’s allegation that discovery had not yet been completed (see, Tsikos v Ottas, 233 AD2d 389; see also, Matter of Long Is. Light. Co. v Assessor of Town of Brookhaven, 122 AD2d 794). The appellant received substantially all of the discovery requested, and that the discovery which had not been made was due to the appellant’s own inaction. Bracken, J. P., Friedmann," Florio and McGinity, JJ., concur.

Ford v. J.R.D. Management Corp., 238 A.D.2d 307, 656 N.Y.S.2d 946, 1997 N.Y. App. Div. LEXIS 3431 (N.Y. Ct. App. 1997).

Pincite

238 A.D.2d 307 (Ford v. J.R.D. Management Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related