Gardner v. Cairns

Appellate Division of the Supreme Court of New York

Gardner v. Cairns

119 A.D.2d 798, 501 N.Y.S.2d 425, 1986 N.Y. App. Div. LEXIS 55741

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

DecidedApril 28, 1986

StatusPublished

This text of 119 A.D.2d 798 (Gardner v. Cairns) 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

Gardner v. Cairns, 119 A.D.2d 798, 501 N.Y.S.2d 425, 1986 N.Y. App. Div. LEXIS 55741 (N.Y. Ct. App. 1986).

Pincite

Opinion

— In an action to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Suffolk County (McCarthy, J.), dated December 12, 1984, which denied her motion for leave to conduct examinations before trial of the defendants after a note of issue had been filed.

[799]*799Order reversed, with costs, and motion granted. The examinations before trial shall be conducted at times and places set forth in written notices of not less than 10 days to be given by the plaintiff, or at such times and places as the parties may agree.

Under the "unusual and unanticipated” circumstances of this case, the plaintiffs motion seeking leave to conduct pretrial examinations of the defendants should have been granted (see, 22 NYCRR 202.21 [d]). Mollen, P. J., Rubin, Eiber and Kooper, JJ., concur.

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— In an action to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Suffolk County (McCarthy, J.), dated December 12, 1984, which denied her motion for leave to conduct examinations before trial of the defendants after a note of issue had been filed.

[799]*799Order reversed, with costs, and motion granted. The examinations before trial shall be conducted at times and places set forth in written notices of not less than 10 days to be given by the plaintiff, or at such times and places as the parties may agree.

Under the "unusual and unanticipated” circumstances of this case, the plaintiffs motion seeking leave to conduct pretrial examinations of the defendants should have been granted (see, 22 NYCRR 202.21 [d]). Mollen, P. J., Rubin, Eiber and Kooper, JJ., concur.

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Bluebook (online)

119 A.D.2d 798, 501 N.Y.S.2d 425, 1986 N.Y. App. Div. LEXIS 55741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardner-v-cairns-nyappdiv-1986.