Levy v. Zaia

Appellate Division of the Supreme Court of New York

Levy v. Zaia

65 A.D.2d 783, 410 N.Y.S.2d 544, 1978 N.Y. App. Div. LEXIS 13640

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

DecidedNovember 20, 1978

StatusPublished

This text of 65 A.D.2d 783 (Levy v. Zaia) 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

Levy v. Zaia, 65 A.D.2d 783, 410 N.Y.S.2d 544, 1978 N.Y. App. Div. LEXIS 13640 (N.Y. Ct. App. 1978).

Pincite

Opinion

In a medical malpractice action, defendants Anthony Bozza and North Shore Hospital appeal from an order of the Supreme Court, Queens County, dated July 1, 1977, which denied their motion for summary judgment and granted plaintiffs’ cross motion for an extension of time to serve a bill of particulars. Order affirmed, without costs or disbursements, upon condition that plaintiffs’ counsel personally pay a total of $350 to appellants. The time for plaintiffs’ counsel to make the payment is extended until 20 days after service upon them of a copy of the order to be entered hereon, with notice of entry thereof. The factors present herein suggest that Special Term properly exercised its discretion (see Batista v St. Luke’s Hosp., 46 AD2d 806). However, the condition imposed is appropriate in view of counsel’s default in responding to an order of preclusion. Hopkins, J. P., Martuscello, Latham and Cohalan, JJ., concur.

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In a medical malpractice action, defendants Anthony Bozza and North Shore Hospital appeal from an order of the Supreme Court, Queens County, dated July 1, 1977, which denied their motion for summary judgment and granted plaintiffs’ cross motion for an extension of time to serve a bill of particulars. Order affirmed, without costs or disbursements, upon condition that plaintiffs’ counsel personally pay a total of $350 to appellants. The time for plaintiffs’ counsel to make the payment is extended until 20 days after service upon them of a copy of the order to be entered hereon, with notice of entry thereof. The factors present herein suggest that Special Term properly exercised its discretion (see Batista v St. Luke’s Hosp., 46 AD2d 806). However, the condition imposed is appropriate in view of counsel’s default in responding to an order of preclusion. Hopkins, J. P., Martuscello, Latham and Cohalan, JJ., concur.

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Bluebook (online)

65 A.D.2d 783, 410 N.Y.S.2d 544, 1978 N.Y. App. Div. LEXIS 13640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-zaia-nyappdiv-1978.

Opinion

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