Grice v. O'Brien

Nassau County District Court

Grice v. O'Brien

55 Misc. 2d 323, 285 N.Y.S.2d 374, 1967 N.Y. Misc. LEXIS 1074

DecidedNovember 21, 1967

StatusPublished

This text of 55 Misc. 2d 323 (Grice v. O'Brien) is published on Counsel Stack Legal Research, covering Nassau County District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Grice v. O'Brien, 55 Misc. 2d 323, 285 N.Y.S.2d 374, 1967 N.Y. Misc. LEXIS 1074 (N.Y. Super. Ct. 1967).

Pincite

Opinion

John S. Lockman, J.

At a pretrial hearing a preference was granted to the plaintiffs when the defendants refused to make any offer of settlement although the plaintiffs were passengers in a parked vehicle which was struck in the rear by the defendants’ vehicle. The defendants move to vacate the preference because the court lacks authority to grant it.

Subdivision (c) of rule 10 of the Nassau County District Court Rules provides: “ In any case on the pre-trial calendar, if the judge, after an examination of the pleadings and bill of particulars, if any, and after a conference, shall find that the interests of justice will be best served by an early trial, then on his own motion or on the motion of any party, he may make an order granting such a preference in trial as in his discretion is proper.”

"Whenever a defendant is not acting in good faith a preference may be granted. (Abramson v. Kenwood Labs., 17 A D 2d 626.)

Refusing to make an offer to passengers in a parked vehicle struck in the rear by your vehicle is not acting in good faith. Motion denied.

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John S. Lockman, J.

At a pretrial hearing a preference was granted to the plaintiffs when the defendants refused to make any offer of settlement although the plaintiffs were passengers in a parked vehicle which was struck in the rear by the defendants’ vehicle. The defendants move to vacate the preference because the court lacks authority to grant it.

Subdivision (c) of rule 10 of the Nassau County District Court Rules provides: “ In any case on the pre-trial calendar, if the judge, after an examination of the pleadings and bill of particulars, if any, and after a conference, shall find that the interests of justice will be best served by an early trial, then on his own motion or on the motion of any party, he may make an order granting such a preference in trial as in his discretion is proper.”

"Whenever a defendant is not acting in good faith a preference may be granted. (Abramson v. Kenwood Labs., 17 A D 2d 626.)

Refusing to make an offer to passengers in a parked vehicle struck in the rear by your vehicle is not acting in good faith. Motion denied.

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Bluebook (online)

55 Misc. 2d 323, 285 N.Y.S.2d 374, 1967 N.Y. Misc. LEXIS 1074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grice-v-obrien-nydistctnassau-1967.