Lahann v. Cravotta

Appellate Division of the Supreme Court of New York

Lahann v. Cravotta

26 A.D.2d 582, 272 N.Y.S.2d 99, 1966 N.Y. App. Div. LEXIS 3887

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

DecidedJune 27, 1966

StatusPublished

This text of 26 A.D.2d 582 (Lahann v. Cravotta) 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

Lahann v. Cravotta, 26 A.D.2d 582, 272 N.Y.S.2d 99, 1966 N.Y. App. Div. LEXIS 3887 (N.Y. Ct. App. 1966).

Pincite

Opinion

In an action to recover damages for wrongful death, etc., defendants appeal from an order of the Supreme Court, Suffolk County, entred January 3, 1966, which granted plaintiffs’ motion for a pretrial examination of defendants. Order affirmed, with $10 costs and disbursements. Plaintiffs’ motion was properly granted even though a statement of readiness had been filed more than four years previously. It is not disputed that when this statement of [583]*583readiness was filed defendant Cravotta was on active duty as an enlisted man in the United States Marine Corps. Consequently, he was under the protection of the Soldiers’ and Sailors’ Relief Act of 1940 (U. S. Code, tit. 50 [App.], § 510 et seq.). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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In an action to recover damages for wrongful death, etc., defendants appeal from an order of the Supreme Court, Suffolk County, entred January 3, 1966, which granted plaintiffs’ motion for a pretrial examination of defendants. Order affirmed, with $10 costs and disbursements. Plaintiffs’ motion was properly granted even though a statement of readiness had been filed more than four years previously. It is not disputed that when this statement of [583]*583readiness was filed defendant Cravotta was on active duty as an enlisted man in the United States Marine Corps. Consequently, he was under the protection of the Soldiers’ and Sailors’ Relief Act of 1940 (U. S. Code, tit. 50 [App.], § 510 et seq.). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

26 A.D.2d 582, 272 N.Y.S.2d 99, 1966 N.Y. App. Div. LEXIS 3887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lahann-v-cravotta-nyappdiv-1966.