Lush v. Daniels

New York Supreme Court

Lush v. Daniels

14 Misc. 2d 71, 178 N.Y.S.2d 148, 1958 N.Y. Misc. LEXIS 2712

DecidedSeptember 11, 1958

StatusPublished

This text of 14 Misc. 2d 71 (Lush v. Daniels) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lush v. Daniels, 14 Misc. 2d 71, 178 N.Y.S.2d 148, 1958 N.Y. Misc. LEXIS 2712 (N.Y. Super. Ct. 1958).

Pincite

Opinion

Benjamin Brenner, J.

Buie 9 preference is denied without prejudice to renew. The statement of readiness filed June 22, 1958 is insufficient and the action is stricken from the calendar. The requirement of subdivision 3 of the statement, indicating discussion of settlement, is not satisfied by the comment ‘ ‘ Settlement of this case has not taken place because this accident happened over 3 years ago and neither the attorney for the defendant Daniels nor anyone on his behalf ever called or indicated a desire to discuss settlement herein.” The plaintiffs under the readiness rule must show that settlement discussions initiated by either party have terminated unsuccessfully or that the plaintiffs have made a reasonable effort to have such discussions but were unable to initiate them because of a positive refusal to do so on the part of the defendant.

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Benjamin Brenner, J.

Buie 9 preference is denied without prejudice to renew. The statement of readiness filed June 22, 1958 is insufficient and the action is stricken from the calendar. The requirement of subdivision 3 of the statement, indicating discussion of settlement, is not satisfied by the comment ‘ ‘ Settlement of this case has not taken place because this accident happened over 3 years ago and neither the attorney for the defendant Daniels nor anyone on his behalf ever called or indicated a desire to discuss settlement herein.” The plaintiffs under the readiness rule must show that settlement discussions initiated by either party have terminated unsuccessfully or that the plaintiffs have made a reasonable effort to have such discussions but were unable to initiate them because of a positive refusal to do so on the part of the defendant.

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Bluebook (online)

14 Misc. 2d 71, 178 N.Y.S.2d 148, 1958 N.Y. Misc. LEXIS 2712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lush-v-daniels-nysupct-1958.