Livingston v. Mayes

Appellate Division of the Supreme Court of New York

Livingston v. Mayes

23 A.D.2d 814

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

DecidedApril 8, 1965

StatusPublished

This text of 23 A.D.2d 814 (Livingston v. Mayes) 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

Livingston v. Mayes, 23 A.D.2d 814 (N.Y. Ct. App. 1965).

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Opinion

Order unanimously reversed, without costs of this appeal to any party, and motion denied, without costs. Memorandum: There is nothing in the record indicating that failure of plaintiffs to appear for examination before trial was that willful failure contemplated by the statute. (Civ. Prac. Act, § 299, now CPLR 3126.) (Appeal from order of Erie Special Term dismissing the complaint on the merits in an automobile negligence action.) Present — Williams, P. J., Bastow, Goldman, Noonan and Del Veechio, JJ.

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Order unanimously reversed, without costs of this appeal to any party, and motion denied, without costs. Memorandum: There is nothing in the record indicating that failure of plaintiffs to appear for examination before trial was that willful failure contemplated by the statute. (Civ. Prac. Act, § 299, now CPLR 3126.) (Appeal from order of Erie Special Term dismissing the complaint on the merits in an automobile negligence action.) Present — Williams, P. J., Bastow, Goldman, Noonan and Del Veechio, JJ.

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Bluebook (online)

23 A.D.2d 814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/livingston-v-mayes-nyappdiv-1965.

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