Joyner v. Public Administrator

Appellate Division of the Supreme Court of New York

Joyner v. Public Administrator

42 A.D.2d 557, 346 N.Y.S.2d 973, 1973 N.Y. App. Div. LEXIS 4012

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

DecidedJune 28, 1973

StatusPublished

This text of 42 A.D.2d 557 (Joyner v. Public Administrator) 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

Joyner v. Public Administrator, 42 A.D.2d 557, 346 N.Y.S.2d 973, 1973 N.Y. App. Div. LEXIS 4012 (N.Y. Ct. App. 1973).

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Opinion

Order, Supreme Court, New York County, entered on January 11,1972, vacating the statement of readiness, unanimously reversed, on the law and the facts and in the exercise of discretion, the motion denied and, in the exercise of discretion, defendant may conduct examinations before trial provided that they be completed on or before September 1, 1973. Appellants shall recover of respondent $40 costs and disbursements of this appeal. A motion to vacate a statement of readiness must be made within 20 days (22 NYCRR 660.4[d] [3]). This motion, brought on 30 days after service of the statement, was untimely and plaintiff should not be penalized therefor by losing his place on the calendar. However, in the exercise of discretion, we direct that defendant may conduct examinations before trial provided that they be completed on or before September 1, 1973. Concur — Kupferman, J. P., Murphy, Lane, Tilzer and Capozzoli, JJ.

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Order, Supreme Court, New York County, entered on January 11,1972, vacating the statement of readiness, unanimously reversed, on the law and the facts and in the exercise of discretion, the motion denied and, in the exercise of discretion, defendant may conduct examinations before trial provided that they be completed on or before September 1, 1973. Appellants shall recover of respondent $40 costs and disbursements of this appeal. A motion to vacate a statement of readiness must be made within 20 days (22 NYCRR 660.4[d] [3]). This motion, brought on 30 days after service of the statement, was untimely and plaintiff should not be penalized therefor by losing his place on the calendar. However, in the exercise of discretion, we direct that defendant may conduct examinations before trial provided that they be completed on or before September 1, 1973. Concur — Kupferman, J. P., Murphy, Lane, Tilzer and Capozzoli, JJ.

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Bluebook (online)

42 A.D.2d 557, 346 N.Y.S.2d 973, 1973 N.Y. App. Div. LEXIS 4012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joyner-v-public-administrator-nyappdiv-1973.