Juett v. Paesani

Appellate Division of the Supreme Court of New York

Juett v. Paesani

19 A.D.2d 726, 242 N.Y.S.2d 361, 1963 N.Y. App. Div. LEXIS 3407

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

DecidedJuly 1, 1963

StatusPublished

Cited by1 cases

This text of 19 A.D.2d 726 (Juett v. Paesani) 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

Juett v. Paesani, 19 A.D.2d 726, 242 N.Y.S.2d 361, 1963 N.Y. App. Div. LEXIS 3407 (N.Y. Ct. App. 1963).

Pincite

Opinion

— In a negligence action, the plaintiffs (husband and wife) appeal from an order of the Supreme Court, Rockland County, dated February 12, 1963, which granted the defendant’s motion to direct both plaintiffs (a) to submit to a physical examination; and (lb) to submit for defendant’s inspection “ all X-rays, if any, taken by the plaintiffs’ physicians ”, Order reversed, and defendant’s motion denied, with $10 costs and disbursements. Defendant’s motion for the examination was made subsequent to plaintiffs’ filing of a note of issue and statement of readiness. Defendant failed to make a motion, within 20 days after such filing, to strike the action from the calendar. Hence, under the Special Rule of this court, defendant is deemed to have waived her right to the examination and inspection sought (cf. Byrnes v. Ban’s Taxi, 18 A D 2d 807). Ughetta, Acting P. J., Kleinfeid, Christ, Brennan and Rabin, JJ., concur.

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— In a negligence action, the plaintiffs (husband and wife) appeal from an order of the Supreme Court, Rockland County, dated February 12, 1963, which granted the defendant’s motion to direct both plaintiffs (a) to submit to a physical examination; and (lb) to submit for defendant’s inspection “ all X-rays, if any, taken by the plaintiffs’ physicians ”, Order reversed, and defendant’s motion denied, with $10 costs and disbursements. Defendant’s motion for the examination was made subsequent to plaintiffs’ filing of a note of issue and statement of readiness. Defendant failed to make a motion, within 20 days after such filing, to strike the action from the calendar. Hence, under the Special Rule of this court, defendant is deemed to have waived her right to the examination and inspection sought (cf. Byrnes v. Ban’s Taxi, 18 A D 2d 807). Ughetta, Acting P. J., Kleinfeid, Christ, Brennan and Rabin, JJ., concur.

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Bluebook (online)

19 A.D.2d 726, 242 N.Y.S.2d 361, 1963 N.Y. App. Div. LEXIS 3407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juett-v-paesani-nyappdiv-1963.

Opinion

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